( 1 ) THIS appeal arises out of a proceeding under Section 20 of the Arbitration Act (Act X of 1940) initiated by the respondents, the real brothers of the appellant.

( 2 ) THE facts leading to the said proceeding may be shortly stated. In an action, i. e. , O. S. No. 98 of 1950 for partition of joint family properties laid by the appellant against the respondents in Sub Judges Court, Kakinada, the parties eventually filed an agreed memo and a preliminary decree followed in terms thereof on 21-11-1950. The decree provided for partition and enjoyment of the properties into four equal shares. It also provided that the liabilities of the family agreed upon as per the list signed by all parties and kept with the plaintiff shall be borne in equal shares by all the four brothers. There was further a clear stipulation in paragraph 5 of the decree that in case the parties failed to work out their rights according to the terms stated in the decree within four months from the date of the decree, the reliefs stated in the decree may be obtained in final decree proceedings. The stipulated time was over but final decree proceedings were never initiated. That was because the division of family l

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