HARAKHBAI Vs. JAMNABAI

JUDGEMENT

(1.) This is a suit by the plaintiff against her daughter-in-law and others for the administration of the estate of her late husband Hirji Asoo and for various other consequential reliefs.

(2.) After several attempts to settle matters in dispute between them had failed, I was informed that the plaintiff and the first and the third defendants had referred matters to the arbitration of two friends of the family, and with the consent of the Advocate General, who is the second defendant in the suit, the matter stood over pending the decision of the arbitrators. The first defendant assured the Court that as soon as her differences with the plaintiff were adjusted, she would make arrangements in respect of charities with the Advocate General which would be satisfactory to him.

(3.) On the 3rd of October 1912 when the suit was called on for hearing, I was informed that the arbitrators had made their award the day previous and Mr. Setalvad for the plaintiff asked me to allow the matter to stand over to enable him to .consider the award published only the day previous. The hearing stood over accordingly and the case was called on again on the nth of October, when Mr. Desai for the first defendant asked me under Order XXIII, Rule 3, to record the award as an adjustment of all differences as between the plaintiff and the first and the third defendants and to pass a decree in terms thereof. I was further informed that the first defendant had arranged terms in respect of charity which were satisfactory to the Advocate General, and that the first and the second defendants were prepared to take a decree by consent so far as the charities were concerned.