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2019 Supreme(AP) 81

D.V.S.S.SOMAYAJULU
Golla Venkata Ramaiah – Appellant
Versus
Golla Subrahmanyam – Respondent


Advocates Appeared:
For the Appellant : Anup Koushik Karavadi.
For the Respondents: M. Sudhir Kumar and Madhava Rao Nalluri.

ORDER :

D.V.S.S. Somayajulu, J.

1. This appeal is filed questioning the decree and judgment passed in OS No. 151 of 2015 by the VII Additional District Judge, Ongole. The plaint is filed by one Sri G.V. Ramanaiah, (plaintiff No. 1) and M/s. Golla Chenchaiah, a partnership firm represented by a partner G.V. Ramanaiah. The suit is filed for the following reliefs:

    "(a) for grant of specific performance directing the defendants 1 to 7 to come forward for reconstitution of the partnership firm Golla Chenchaiah. In the event of failure on the part of defendants 1 to 7 to get it done through process of Court;

(aa) for mandatory injunction directing the 8th defendant to continue to supply oil to retail outlet of plaintiffs firm (amended as per the orders on IA No. ..... /2015 dated......).

(b) for costs; and

(c) for such other reliefs as the Hon'ble Court deems fit and proper in the circumstances of the case."

2. A reading of the plaint discloses that the suit is filed for specific performance of a partnership agreement. The husband of the second defendant G. Subba Rao died on 13.6.2014. A letter was addressed on 30.7.2014 for reconstitution of proposal of the firm by the 8th defendant. Since t

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