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2022 Supreme(Ker) 165

A.BADHARUDEEN
Sreenarayana Vidhya Mandir Trust – Appellant
Versus
Unnikrishnan, S/o. Raman – Respondent


Advocates:
Advocate Appeared:
For the Appellant : RAJESH SIVARAMANKUTTY, ARUL MURALIDHARAN
K.VIJINA
For the Respondent: A.S.DILEEP, R.SREEHARI, P.B.KRISHNAN, P.B.SUBRAMANYAN, SABU GEORGE, B.ANUSREE, MANU VYASAN PETER, P.BINOD, SUSEELA DILEEP, SUDEEP ARAVIND PANICKER

ORDER :

Two relevant questions arise herein are:

    (1) What is decisive while considering the question of referring a dispute to an arbitrator in terms of an arbitration agreement?

(2) What are the parameters governing grant of leave in a petition filed under Section 92(1) of the Code of Civil Procedure?

Respondents 1 and 2 in O.P (leave) No.23/2021 on the file of the Principal of the District Judge, Palakkad, have filed this Revision Petition under Section 115 of the Code of Civil Procedure challenging order passed by the learned District Judge under Section 92(1) of the Code of Civil Procedure.

2. Respondents herein are the original petitioners in the above scheme suit.

3. Heard Advocate Rajesh Sivaramankutty appearing for the petitioners, Advocate Sreehari, representing the 4th respondent and Advocate P.B.Krishnan appearing for other respondents.

4. Short facts: Petitioners filed O.P.No.23/2001 before the District Court, Palakkad under Section 92(1) of the Code of Civil Procedure seeking leave to institute the Suit. Suit also filed along with the leave petition. The prayers in the Suit in relation to a public Trust include direction to the defendants by way of mandatory injunction to re

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