GADADHAR PANDA Vs. GANGADHAR PANDA

JUDGEMENT

(1.) THE plaintiffs are in appeal against the judgment and decree of the learned subordinate Judge of Jeypore dismissing their suit for partition.

(2.) ONE Appudu Panda who died in August 1959 had married two wives. He begot a son Baidvanath through his first wife Kalandi. Baidvanath died in 1961 leaving behind his widow (defendant no- 4) and four issues (the defendants 2. 3. 5 and 6 ). The second wife Sunamani is the plaintiff No. 2. Through her Appudu had 6 issues who are the defendant No. 1. the plaintiff No. 1. and the defendants 7. 8, 9 and 10 respectively. The plaintiff No. 1 is a minor and his mother the plaintiff No. 2 represents him. There is no dispute that all the properties were ancestral, that is, of Appudu. During Appudu's life time and the minority of the plaintiff No. 1 and the defendant No. 1 the family properties were partitioned under an Award dated 31-7-55.-It is alleged that this Award is partial and uniust and did not equally divide the property. It is also contended that as the Award had not been made a rule of the court under the Arbitration Act it has no binding force. The plaintiffs have tried to avoid the previous partition evidenced by the Award in the aforesaid manner and have claimed a fresh partition.