SEETHARAM REDDY, J.

( 1 ) THESE two appeals arise out of a common judgment and decree passed in O. S. No. 17 of 1972 and O. P. No 66 of 1972 by the learned subordinate Judge, Adoni, decreeing the suit with costs and dismissing the O. P. with costs. So they could be disposed of by a common judgment

( 2 ) THE plaintiff in O S No, 17 of 1972 is the respondent in O. P. No. 66 of 1972; and the defendant in O. S. No. 17 of 1972 and M/s Vitta dodda Hanumanthappa Subbaiah Setty and Co. , represented by the then partner Vitta Anjanaiah are the petitioners in O. P. No. 66 of 1972.

( 3 ) THE suit is for passing of a decree in terms of the award of the arbitrators with necessary modifications. Briefly, the plaint averments are: the plaintiff M/s M. G. Brothers is a partnership firm carrying on business inter alia in decorticating and crushing of groundnut seeds under the name and style of M. G. Brothers Oil Mills, at Yemmiganur, and M. R. Ganganna is a partner therein. The defendant was originally a partner of M/s Vitta dodda Hanumanthappa Subbaiah Setty and Co. of Bellary having its plant at Adoni. The said firm, during its dealing with the plaintiff, became indebted in a sum of Rs. 10,377-83

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