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1952 Supreme(Bom) 15

RAJADHYAKSHA, VYAS
Valchand Gulabchand Shah – Appellant
Versus
Manekbai Hirachand Shah – Respondent


Advocates:
S.S. Kavalekar with R.G. Sam ant, for Appellant; M.G. Chitale, for Respondents.

Judgement

RAJADHYAKSHA, J. :- This is an appeal under the Letters Patent from a decision of Mr. Justice Shah in First Appeal No.284 of 1949 which confirmed the order of the Civil Judge, Senior Division, Sholapur, in Darkhast No.883 of 1946.

2. One Hirachand Gulabchand and his son Manoranjan filed a suit against Hirachands two brothers, Shivial Gulabchand and Walchand Gulabchand for an account of certain property which they alleged had been entrusted to the two defendants for management. During the pendency of the suit, Hirachand, plaintiff 1, died and his widow Manekbai and his minorson Chandrashekhar were brought on record as his heirs and legal representatives and they were impleaded as plaintiffs 1A and IB to the suit. Chandrashekhar being a minor was represented by his mother Manekbai as his next friend. During the course of the suit the parties referred their dispute to arbitration. The arbitrator made an award and a decree in terms of the award was passed on August 1, 1945. Under that decree, the defendants were asked to deliver possession of shares worth about Rs.13,842, certain ornaments mentioned in Schs.B and C worth Rs.13,574 and Rs.18,550 respectively, certain silverware







































































































































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