THE HON'BLE Ms. JUSTICE G.ROHINI APPLICATION Nos. 686 AND 687 OF 2011 IN ARBITRATION APPLICATION No.66 of 2010 Dated: 23.09.2011 Between: Mr.Boorugu Mahabaleshwar Rao and 3 others ..... Applicants AND Boorugu Suryaprakash Rao and 6 others .....Respondents THE HON'BLE Ms. JUSTICE G.ROHINI APPLICATION Nos. 686 and 687 OF 2011 IN ARBITRATION APPLICATION No.66 of 2010 (On being mentioned) COMMON ORDER: By order dated 25.01.2011, Arbitration Application No.66 of 2010 was disposed of appointing a Substituted Arbitrator in the place of two arbitrators named in the Agreement dated 21.01.1982 to resolve the disputes among the parties relating to Item Nos.14, 15, 17, 24 and 25 of Schedule-B to the Partition Deed, dated 07.08.1952. These two applications are filed seeking modification of the said order by including Item No.13 also in the ‘B’ schedule to be resolved by the arbitrator. Heard the learned counsel for both the parties and perused the counter affidavit filed on behalf of the respondents. It is apparent from the material available on record that the properties mentioned in Schedule-B, which remained undivided according to the applicants, included Item No.13 also as clearly stated in para-4 of the Arbitration Application No.66 of 2010. In the circumstances, the non-inclusion of Item No.13 in concluding paragraph of the order dated 25.01.2011 was only an inadvertent mistake. Hence, the order requires modification by including Item No.13 of the B-Schedule also for resolution by the arbitrator. Accordingly, both the Applications are allowed as prayed for and the last paragraph of the order dated 25.01.2011 in Arbitration Application No.66 of 2010 shall stand substituted as under: “ For the aforesaid reasons, Sri V.Veera Raghavan, District Judge (Retired), is hereby appointed as the Substitute Arbitrator in the place of two arbitrators named in the Agreement dated 21.01.1982 to resolve the disputes among the parties relating to Item Nos.13, 14, 15, 17, 24 and 25 of Schedule-B to the Partition Deed, dated 07.08.1952. It is open to the learned Arbitrator to fix his fee and he should take up the further proceedings and pass an award in accordance with law as expeditiously as possible preferably within a period of three months from the date of commencement of arbitral proceedings. No costs.” ___________ G.ROHINI, J Date: 23.09.2011 Ivd