IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2342 of 2000 BRIJ BIHARI PANDEY & ORS Versus MAHADEO PANDEY & ORS ----------- 11 28.07.2008 Heard Mr. Chandra Shekhar, Sr. Advocate and Mr. Bibhakar Tiwari counsel for the petitioners and Mr. Rajendra Narayan and Mr. Rakesh Kumar Ojha, counsel for the opposite parties. While there is no issue that the award as was made by the arbitrators was set aside by the appellate Court, that could not have been the end of the matter. Both the parties agree that such recourse to arbitration had been taken with consent of this parties before the Civil Court which had actually on their prayer sent the matter for arbitration. Parties are therefore in also agreement that now when the dispute could not have been settled for one or the other reason in the arbitration proceedings, the same has to be ultimately settled by the Civil Court itself. In that view of the matter this Court without interfering in the impugned order would direct the Court of Munsif-II, Arrah to now take up the Title Suit No. 145 of 1988 for hearing. - 2 - Taking into consideration that this is a very old suit, this court would also direct the court below to dispose of the suit within a period of two years from the date of receipt/production of a copy of this order. With the aforementioned observations and directions this application is disposed of. BCJ (Mihir Kumar Jha, J.)