ORDER

Rusia, J:- As the controversy involved in both these Arbitration Appeals is identical, therefore, same are being disposed of by this common order. For the sake of convenience, facts narrated in A.A. No.33/2020 (Apollo Real Estate LLP v. Dr. Arun Kumar Waghmare & others) are being taken into consideration.

1. The appellant has filed this appeal u/s.37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996” for short) read with section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 challenging the validity of the order dated 9.10.2020 passed by the Commercial Court-VIIth Additional District Judge, Indore in MJC (AV) No.87/2018 whereby award dated 15.4.2018 and additional award dated 12.6.2018 passed by the sole Arbitrator (Hon’ble Justice N.K. Jain) have been set aside.

2. The facts which led to the filing of these appeals started after the date of passing of the judgment and decree dated 5.4.1982 in Civil Suit No.4-A/1982 [Vijay Waghmare Versus. Late Ramchandra Waghmare & others]. Late Ramchandra Waghmare was the owner of land bearing Surveys No. 360, 382 and 382/437 situated at Village Khajrani, Indore. Late Ramchandra Waghmare and late Smt. Usha Waghmare had four sons and a daughter viz. (i) Dr. Arun Waghmare, (ii) Prakash Waghmare, (iii) Vijay Waghmare,(iv) Ravindra Waghmare and daughter (v) Sunita Patankar. Vijay Waghmare filed the suit for declaration and partition of the aforesaid suit land against his father, brothers and sister. Defendants Nos. 1 to 4 viz. Ramchandra Waghmare, Dr. Arun Waghmare, Prakash Waghmare and Sunita Patankar admitted the claim of the plaintiff. Defendant No.5 – Ravindra Waghmare objected to it by submitting that there was a family partition conducted by Shri B.S. Jagirdar and apart from the suit land, land bearing Surveys No. 512 and 523 were also the self- acquired property of Late Ramchandra Waghmare. Late on Ravindra Waghmare however, agreed to the declaration of 1/6th share of each party. Learned Addl. District Judge decided Issue No.1 by holding that the land bearing Survey Nos. 512 and 523 are the property of a Joint Hindu family. By deciding the Issue No.2, learned Addl. District Judge held that the plaintiff and defendants have 1/6th – 1/6th share in the suit land. In view of the aforesaid findings, vide Judgment & Decree dated 5.4.1982 was passed in the suit, the operative part is as under :

“9. In view of my findings on the above issues,the plaintiff’s suit is decreed as follows :--

1) It is declared that between the plaintiff and defendants Khasra Plot No. 360, 382, 382/437 measuring 2.72 acres village Khajarani, Indore has been partitioned on 16.3.72 and the share allotted to the plaintiff is 16020 Sq.ft. Defendant No.1’s share is 15487 Sq.ft., defdt. No.2’s share is 14700 sq.ft., defendant 3’s share is 14700 sq.ft., defdt. 4’s share is 15174 sq.ft. and defdt. No.5’s share is 14700 sq.ft. as has been shown in the Map which shall form part of the decree.

2) It is further declared that the land left over for family charity and as shown in the annexed map is the joint family property of the plaintiff and defendant No. 1, 2, 4 and 5 and no one shall be entitled to transfer this portion of land.

3) It is further declared that as per the family partition the defendant . No.1 alone shall have the right to transfer the piece of land left for family charity.

4) It is further declared that as per the family partition neither of the party shall have the right to transfer his portion of land to any outsider except with the consent of the rest of the parties.

5) The plaintiff and defendants shall be entitled to get their names mutated in revenue records for their respective share.

6) In the circumstances of the case parties shall bear their own costs.”

3. As per the decree of the partition, the share in the land bearing Survey No. 367, 382 & 382/437 of the plaintiff and the defendants measure