CAV JUDGMENT

MFA No.6720/2016 is filed by the Karnataka Urban Housing Co-Operative Society Ltd., and MFA No.2962/2016 is filed by the owner of land challenging the order dated 20.02.2016 passed in A.C.No.76/1999 on the file of LII Additional City Civil and Sessions Judge, Bengaluru City (CCH-53), (hereinafter referred to as ‘the City Civil Court’ for short) thereby, the Arbitration Suit filed under Section 34 of the Arbitration and Conciliation Act, 1996 , (hereinafter referred to as ‘the Act, 1996’ for short) is dismissed.

2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Arbitration suit.

Brief facts of the cases are:

3. It is stated that the plaintiffs are the absolute owners and in possession of the non-agricultural land bearing Sy.No.69/2-A measuring 2 acres 20 guntas, situated at Agradasarahalli, Yeshwanthapura Hobli, Bangalore. One Thimmarayappa, who is the father of plaintiff No.1, grandfather of plaintiff Nos.2 to 5, 7 to 9 and father-in-law of plaintiff No.6 had purchased the land bearing Sy.No.69/2, measuring 4 acres 26 guntas from one Annayappa through registered sale deed dated 22.10.1953. During his lifetime,