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2023 Supreme(Guj) 162

BIREN VAISHNAV
VIRALBHAI NATWARBHAI PATEL – Appellant
Versus
BHARATBHAI PRAVINBHAI PATEL – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: MEHUL SHAH, MANAN A. SHAH.
For the Respondents: SHAKEEL A. QURESHI, PARAS K. SUKHWANI.

JUDGMENT :

BIREN VAISHNAV, J.

1. Rule. Respective learned advocates waive service of notice of Rule for and on behalf of the respective respondents.

2. Heard Mr. Mehul Shah, learned Senior Counsel assisted by Mr. Manan Shah, learned advocate for the petitioners, Mr. Shakeel A. Qureshi, learned advocate for respondent Nos. 1 to 3 while Mr. Paras K. Sukhwani, learned advocate for respondent No. 4.

3. In this petition, under Article 226 of the Constitution of India, the petitioners have sought a writ, order or direction declaring that the entire arbitration proceedings initiated and concluded by respondent No. 4 and the consequent award dated 30.05.2016 are illegal, without jurisdiction and competence, null and void abinitio, without having any force of law and contrary to the settled principle of law. A further prayer is made to set aside the entire proceedings.

4. The facts in brief are that the subject lands are agricultural lands bearing survey No. 1106 and 1109, block Nos. 1406 admeasuring 23426 situated at village Variav, Taluka Choryasi, District Surat. The lands were originally owned by Mr. Rajubhai Manilal Patel and Mr. Rameshbhai Manilal Patel. The original owners executed a regi

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