- (1.) By this special appeal, a challenge is made to the order dated 03.12.2013 passed by learned Single Judge on a writ petition preferred by the non-appellant.
(2.) On a dispute between the Members of the Cooperative Society, the matter was referred to the Arbitrator under Section 75 of the Rajasthan Cooperative Societies Act, 1965 (in short "the Act of 1965 "), repealed by the Act of 2001. The Arbitrator decided the dispute in favour of the appellant. On appeal before the Rajasthan State Cooperative Appellate Tribunal (in short "the Tribunal "), the case was remanded back to the Arbitrator to decide the controversy afresh. It is looking to the fact that the non-appellant was not provided proper opportunity of hearing during the course of arbitration proceedings. After remand, the dispute was again decided in favour of the appellant and against the non-appellant. To challenge the order, an appeal was again preferred by the nonappellant before the Tribunal but it was with the delay. The Tribunal dismissed the appeal on merit as well as on the issue of limitation.
(3.) The non-appellant preferred a writ petition which has been partly allowed. The parties are made free to approach the civil court for seeking declaration of title of the property. The orders passed by the Arbitrator and the learned Tribunal were however not set aside. It was made clear that orders passed by the Arbitrator and the Tribunal would not be an impediment to the civil court, rather civil court would decide the suit independently based on evidence led by the parties.;