- (1.) The dispute is between the real brothers in respect of a residential house bearing H. No. 2164, Sector 15-C, Chandigarh. The petitioner had earlier filed CR No. 7039 of 2014 against the order dated 11.9.2014 by which objection filed by him against the award passed by the Arbitrator was dismissed. At that time, the civil revision was disposed of with the following order:- "During the course of hearing, it is, inter-alia, submitted by the learned counsel for the petitioner that the basic dispute in this case is "as to whether the order dated 23.8.2008 is an award or a settlement?" It is argued that as per Section 7 of the Arbitration and Conciliation Act, 1996, the arbitration agreement has to be in writing. Since there was none, therefore, the decision taken by the brother while deciding the dispute between the parties to the lis cannot be termed as an arbitral award. It is submitted that this plea was taken before the Court below and has been noticed in para No. 2 of its judgment, but no finding has been returned in this regard. That being so, it is more a matter of review than of revision. Faced with this situation, learned counsel for the petitioner prays for withdrawal of this petition in order to first exhaust his remedy of filing a review before the Court below. Dismissed as withdrawn. Liberty granted." The petitioner then filed a review application in terms of the aforesaid order but the said application was also dismissed by the learned Court below on 21.11.2014. Hence, the present revision petition has been filed to challenge the orders dated 11.9.2014 (Annexure P-1) and 21.11.2014 (Annexure P-11).
(2.) On 23.8.2008, M.S. Ahluwalia, who happened to be the elder brother of both the parties to the lis, acted as an Arbitrator to decide the dispute between the brothers in respect of as many as three properties, namely, residential property bearing H. No. 2164, Sector 15-C, Chandigarh; Uniwalk Paper Mill at Budhmajra, Distt. Mohali, Punjab and Land measuring 31 kanal 2 marla located at village Budhmajra, District Mohali, Punjab.
(3.) Learned counsel for the petitioner has submitted that he is concerned in this case only with regard to the residential house because in regard to Uniwalk Paper Mill, the matter is pending before this Court and as regards the agricultural land measuring 31 kanal 2 marla, the payment has already been made to the other side.;