IRAPPA BHIMRAO UMATE Vs. SHANKARAPPA BHIMRAO UMATE

JUDGEMENT

(1.) This revision application is filed by the original decree-holder to obtain a decree in Regular Civil Suit No. 101 of 1970. During the pendency of the said suit, the matter was referred to the Court for an arbitration and an award was passed by the arbitrator and the same was made by passing a decree in terms of the award.

(2.) Thereafter a Darkhast, bearing Regular Darkhast No. 35 of 1972 was filed. The judgment-debtors, respondents herein raised certain contentions that the decree was unexecutable because it was preliminary decree and not a final decree. It was also contended that there was some property which was not the subject-matter of the suit having including in the award and a decree has been passed and, therefore, the said decree is not executable.

(3.) The matter was reached upto High Court and in Second Appeal No. 382 of 1975 this Court by judgment dated March 9, 1978 held that all these objections were technical objections and there was no substance in the contentions.