N.V.RAMANA, S.ABDUL NAZEER
P. RADHA BAI – Appellant
Versus
P. ASHOK KUMAR – Respondent
JUDGMENT
N.V. RAMANA, J.
1. These appeals are filed, aggrieved by the judgment and order dated 18.06.2012 in the Civil Revision Petition Nos. 2151, 2246, 2383 and 2458 of 2012 passed by the High Court of Judicature at Andhra Pradesh at Hyderabad.
2. An interesting question of law arises in this batch of petitions, concerning the applicability of Section 17 of the Limitation Act, 1963 [‘Limitation Act’] for condonation of a delay caused on the account of alleged fraud played on the objector (party challenging the award) beyond the period prescribed under Section 34 (3) of the Arbitration and Conciliation Act of 1996 [‘Arbitration Act’].
3. The facts which give rise to this question fall into a narrow compass. Originally one Mr. P. Kishan Lal carried on business and acquired several properties. On his death, Mr. P. Kishan Lal was survived by eight (8) legal heirs (Appellant Nos. 1 to 6 and Respondent Nos. 1 and 2).
4. After the death of Mr. Kishan Lal, several disputes have cropped up on the division of properties. Having failed to resolve the dispute, the parties turned towards arbitration to resolve the dispute. Five Arbitrators were appointed to adjudicate and distribute eleven pr
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