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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANU, J
T. MUHAMMED MUSTHAFA – Appellant
Versus
PERINTHALMANNA MUNICIPALITY – Respondent
| Table of Content |
|---|
| 1. dispute over land use and agreement terms. (Para 1 , 2 , 3) |
| 2. initiation of arbitration proceedings and legal objections. (Para 4 , 5) |
| 3. counsel’s arguments regarding arbitration viability. (Para 6 , 7) |
| 4. counter-arguments stating gift deed implications. (Para 8 , 9) |
| 5. court's rationale on arbitration agreement interpretation. (Para 10 , 11 , 12) |
| 6. final order directing arbitration proceedings. (Para 13) |
S.MANU, J.
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A.R.No.187 of 2025 -------------------------------------------
Dated this the 26th day of November, 2025
ORDER
In 2003, the respondent – Municipality invited tender for purchase of land to construct a new bus stand. The petitioner offered to provide 1.35 acres of land free of cost and also agreed to construct a bus stand with parking facility for 40 buses and to hand it over to the Municipality. Annexure A1 is a copy of the agreement executed between the petitioner and the respondent on 21.02.2005. Later, on 06.02.2006 a gift deed was also executed by the petitioner.
A copy of the gift deed is produced as Annexure A2.
2. According to the petitioner, the Municipality violated the terms of Annexure A1 agreement and deci
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