KRISHNAGOUDA Vs. BHIMANGOUDA VENKANAGOUDA

JUDGEMENT

(1.) This is a second appeal by the plaintiffs against the decree passed by the District Judge, Belgaum, in CA.No.34 of 1965 confirming the decree passed by the Civil Judge, Sr. Dn , Belgaum, in Spl.S.No1/1956.

(2.) The plaintiffs biought the suit for setting aside the decree dated 28th of June 1948 passed m Sol.S.No.56/1947 on the Arbitration award dated 29th of December 1946.

(3.) The case of the plaintiffs is that when they were minors, a dispute was referred to the arbitrators in regard to matters pertaining to the partition of the joint family properties of the family and adoption of Krishnagouda, defendant-6, by Chinnawwa, defendant-7. As the plaintiffs were minors, their fathei Bhimangouda, defendant-2 acting as their guardian executed the deed of reference, Ext.63, on 29th of December 1945. The arbitrators accepted the same and entered on the reference on the same day. They were not able to make an award within the prescribed period of four months. They actually made the award on 29th of December 1946 and gave notice of the same to all the parties. On 30th of December 1946 all the parties who had signed the deed of reference filed a joint purshis, Ext.71, giving their consent to the award. The award was duly registered. On the 6th of February 1947, Ramangouda Hulkoti, one of the Arbitrators, filed the award in the Court of the Civil Judge, Sr. Dn., Belgaum, praying for a decree being passed in terms of the award. The said proceeding was registered as Spl.S.No.56/1947. Krishnagouda and Chinnawwa referred to above were shown in the position of plaintiffs in that suit and the present appellants and others were shown as defendants. The notice of the filing of the award was issued to all the parties. Bhimanagouda, the father of the appellants, on his behalf as well as on behalf of his minor sons, the appellants, filed his objections as per Ext.62. The others had no objections for decree being passed in terms of the award. One of the objections raised by the appellants' father was that no decree could be passed in terms of the award as the same was not made within the time allowed by law. He, however, remained absent and was placed ex-parte. On 28th of June 1948, the Court directed that the award be filed and a decree be drawn in accordance with the award. A decree was accordingly drawn. Thereafter, the appellants and another filed Spl. S. No.90 of 1951 against Bhimanagouda, the father of the appellants and others for partition and possession of their share in the family properties. That suit was withdrawn on the 21st of August 1952 with liberty to file a fresh suit on the same cause of action on condition that 1 4th costs are paid by the plaintiffs to defendants 2 to 5 in separate sets. It is thereafter that the present suit out of which this second appeal arises was instituted by the plaintiffs.