IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5626 OF 2008 Babu Savanta Mali (Gavade), since deceased by his legal heirs (A) Narsinh Babu Mali (Gavade) & Ors. ...Petitioners V/s. Sou.Suman Ashok Mali (Gavade) & Ors. ..Respondents ...... Mr.M.L.Patil for Petitioners. Mr.Umesh R.Mankapure for Respondents 1 to 3. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. FEBRUARY 5, 2009. FEBRUARY 5, 2009. FEBRUARY 5, 2009. P.C. . Counsel for the parties have handed in Minutes of Order dated 5th February 2009 duly signed by them. Accordingly, following order is passed in terms of the said Minutes of Order: 1. The Respondents 1 to 3 have filed R.C.S. No.1 of 2007 before the learned Civil Judge, Junior Division, Jath against the Petitioners and Respondent Nos.4(a) to 4(e). The Respondent Nos. : 2 : 1 to 3 claim title to the lands on the basis of the Will dated 1st June 2006 executed by deceased Laxmibai Annappa Mali. Pleadings in the Suit are complete. The issues are framed. The parties have also produced documentary evidence. 2. The Respondent Nos.1 to 3 have also filed Misc.Application No.223 of 2006 pending before the learned Joint Civil Judge, Senior Division, Sangli for probate of the Will dated 1st June 2006 executed by deceased laxmibai Annappa Mali. The Petitioners are contesting parties in the said Application. In these proceeding, the pleadings are complete and the parties have also submitted documents. 3. The entire dispute raised between the parties in R.C.S. No.1 of 2007 pending before the learned Civil Judge, Junior Division, Jath and Misc.Application No.223 of 2006 pending before the learned Joint Civil Judge, Senior Division, Sangli be referred to Arbitration by Ms.D.B.Apte, Advocate, Sangli. : 3 : 4. The learned Civil Judge, Junior Division, Jath and the learned Civil Judge, Senior Division, Sangli, shall hand over all the proceedings in R.C.S.No.1 of 2007 and Misc.Application No.223 of 2006 respectively to the Arbitrator Ms.D.B.Apte, Advocate within a period of two weeks. 5. The Arbitrator Ms.D.B.Apte, Advocate will endeavour to conclude the Arbitration proceedings as far as possible within a period of three months after hearing the parties and giving them opportunity to lead any further evidence and make her Award(s). 6. The parties agree to appear before the Arbitrator on 16th February 2009 at 11.30 a.m. and take further date(s) and further agree that no notice of hearing will be necessary to be issued by the Arbitrator. 7. The charges of the Arbitrator shall be borne by the parties equally. 8. The status-quo as on today shall be : 4 : maintained by the parties till disposal of the Arbitration proceedings or any contrary order is passed by the Arbitrator, if the situation so warrants during the pendency of Arbitration. 9. In view of the above arrangement, R.C.S.No.1 of 2007 and Misc.Application No.223 of 2006 shall stand disposed of. 10. The Petition stands disposed of on the above terms with no order as to costs. A.M.KHANWILKAR, J.