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1998 Supreme(Mad) 1153

K.GOVINDARAJAN
K. V. V. V. ELANCHEZHIAN – Appellant
Versus
K. V. V. CHOCKALINGAM – Respondent


Advocates appeared:
Sh. K. Alagiriswamy, Sr. Counsel, for M/s. P.T.S. Narendravasan, Advocate, for the Petitioners.
Sh. K. Sarvabhaunan, Sr. Counsel, for the Respondents.

ORDER

K. Govindarajan, J. - The second petitioner and the respondents are brothers. The first petitioner is the son of one K. V. Veeranan Ambalam, who is the another brother of the petitioner No. 2 and respondents 1 and 2. A dispute had arisen between them in respect of division of the properties. Arbitrators were appointed and the parties executed a Muchalika separately and handed over the same to the Arbitrators. On the basis of the same, the arbitrators also inspected the properties and after ascertaining the information from the third parties and considering the representations made by the parties, passed the award on 23-8-1995. The Arbitrators sent the copy of the award to the concerned parties by Registered Post with Acknowledgement Due. After receipt of the true copy of the award, the petitioners 1 and 2 filed the Arbitration O.P. in Ar. O.P. No. 42 of 1995 on the file of the Principal Sub-Court, Madurai. According to the petitioners since the opposite parties did not agree for the proposals suggested by the petitioners in accordance with the terms of the award, they were constrained to file the said Ar. O.P. The said Ar. O.P. was filed on 31-8-1995. Along with the said O.P.

































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