CAV JUDGMENT

Date: 9-02-2016

M.A. No.592 of 2011 wherein Ranjeet Kumar Singh is the appellant while M.A. No.594 of 2011 wherein Ajit kumar Singh is the appellant have been brought up against an order dated 23.04.2011 passed by Sub-Judge, Ist, Bhagalpur in Misc. Case No.28 of 1982 on account thereof, with the consent of the learned counsels have been heard analogously and are being decided by a common judgment. .

2. It is apparent that the learned lower court of Sub-Judge, Ist, Bhagalpur vide order dated 23.04.2011 passed in Misc. Case No.28 of 1982 accepted the award and made it rule of the court, the subject matter of these two appeals.

3. Shorn of unnecessary details, it is evident that rival parties happens to be full brother who, to have amicable partition of their ancestral property agreed for appointment of Dr. Ayodhya Prasad Singh, their maternal uncle to be the sole arbitrator and for that, having entered into a registered agreement dated 26.05.1973. The sole arbitrator, after his nomination took the issue, got partitioned the properties amongst the brothers in terms of award dated 23.11.1976 with its clarification vide dated 26.12.1976 as well as 13.05.1977 and placed it befor