DRAUPADIBAI Vs. NARAYANA MASANU SUTAR

JUDGEMENT

(1.) THIS is a defendant's appeal against the judgement and decree of the Prl. Civil Judge, Belgaum, in O.S. No. 60/72 on his file.

(2.) THE five respondents in this appeal were the plaintiffs in the said suit. That suit was filed by the plaintiffs for partition of suit schedule properties by metes and bounds and for possession. THE suit schedule properties consisted of certain lands in Bijargarni village, Belgaum taluk and certain other properties situate in Belgaum city. THE plaintiffs claimed that the entire properties were joint family properties and that they and the defendants were an undivided Hindu family.

(3.) IN this context it would be necessary to briefly state the facts leading to the decree in the said Arbitration Case No. 3/71 on the file of the Addl. Civil Judge, Belgaum. As per Ex.D.3 dated April 15, 1971 plantiffs 1 and 2 and defendants 1, 3 and 4 made a reference to Arbitrator-Referees consisting of 5 gentlemen known to them. They passed an award in respect of the properties situate in Belgaum City as per their award dated July 1, 1971. It is claimed that the said award was communicated to the parties concerned by the Arbitrators. However, defendants presented an application under Section 42 of the INdian ARBITRATION ACT, 1940 in the Court of the Civil Judge, Belgaum, which came to be registered as Arbitration Case No. 3/71 on August 16, 1971 seeking inter alia that the Arbitrators may be called upon to file into court the award along with all documents and papers and to pass a decree in terms of the award. IN the application plaintiffs 1 and 2 only were made opponents while the appellants-defendants described themselves as applicants. The Court directed notice to the opponents but found that they could not be served in person.