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MEENAKSHI MADAN RAI
Kiran Devi Chouraria – Appellant
Versus
Jhumar Mal Singhi – Respondent


Counsel for the Parties:
For the Petitioner:Mr. N. Rai, Senior Advocate with Ms. Navtara Sarda, Mr. Yozan Rai, Ms. Tara Devi Chettri and Mr. Pradeep Tamang, Advocates
For the Respondent No.1:Mr. Sudhir Prasad, Advocate
For the Respondent Nos.2 to 4:Mr. A. Moulik, Senior Advocate with Mr. Ranjit Prasad, Advocate

JUDGMENT

Meenakshi Madan Rai, J.—The Order of the Court of the Learned District Judge, Special Division - I, Sikkim, at Gangtok, dated 07-04-2017, in Civil Execution Case No.03 of 2015, rejecting the prayer for execution of the Arbitral Award and declaring the Award a nullity, is being assailed by the Petitioner/Decree Holder under Article 227 of the Constitution of India. An application filed by the Respondent Nos.2 to 4 as Objectors to the Execution Application filed by the Petitioner before the Learned Executing Court was registered as Civil Misc. Case No.23 of 2015 and was also disposed of by the above assailed Order.

2. The questions requiring determination by this Court are as follows;

(i) What is the locus standi of the Objectors? and

(ii) What is the remedy available to the Objectors who were not a party to the Deed of Settlement dated 11-06-2013 and a subsequent Memorandum of Family Arrangement dated 24-06-2013?

3. The facts leading to the Arbitral Decree are that the Petitioner-Decree Holder and the Respondent No.1-Judgment Debtor are siblings, being the children of one Late Banechand Singhi. They mutually agreed to divide the properties described in Schedule “A” of t

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