( 1 ) THE petitioners and respondents Nos. 3 to 7 are tenure-holders in village Sidhyawan in the district of Sultanpur, where consolidation of holdings proceedings are going on. There was a dispute between them over proprietary rights of some plots which was referred to the Civil judge, Sultanpur, for being referred to the arbitrator under the provisions of Section 12 of the U. P. Consolidation of Holdings Act. The Arbitrator decided against the petitioners. They filed objections before the learned Civil judge. Sultanpur, and prayed for the award of the arbitrator being set aside. The objections were dismissed by the learned Civil Judge on 23-7-58. Thereafter the present writ petition has been filed in this court. I am not inclined to issue notice in this case because I am of the opinion that the petitioner has got an alternative remedy of filing an appeal under Section 39 of the arbitration Act. Section 39 of the Arbitration Act runs as follows :

"39. (1) An appeal shall lie from the following orders passed under this Act (and from no others) to the court authorised by law to hear appeals from original decrees of the Court passing the order an order --- (1) Super