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2004 Supreme(Bom) 1019

V.C.DAGA
Sujan Suresh Sawant – Appellant
Versus
Kamlakant Shantaram Desa (Dr. ) – Respondent


JUDGMENT - DAGA V.C., J.: - This appeal arises from a suit filed by appellant Mrs. Sujan Suresh Sawant ('the plaintiff' for short) against the respondent-Dr. Kamlakant Shantaram Desai ('the defendant' for short), to seek dissolution and accounts of the partnership firm run under the name and style, "Dr. Desai's Late Dr. Navalkar Memorial Maternity and General Hospital", Dadar, Mumbai.

The Facts :

Summary of the facts giving rise to the present litigation is as follows:

2. One Dr. V.N. Navalkar during his life time was running his own Nursing and Maternity hospital known as "Radhabai Nursing Home" in the building known as "Nana Nivas", 813 183-AB, Baburao Parulekar Marg, Off Gokhale Road (South), Dadar, Bombay 28.

3. Dr. V.N. Navalkar died intestate on 1st August, 1976 leaving behind his brother Shri Sitaram N. Navalkar as his sole legal heir entitled to inherit his estate.

4. Shri Sitaram Navalkar, being a retired person, not acquainted with the discipline of medicine, had no experience of running hospital and maternity home. He, therefore, in order to perpetuate the memory of his brother late Dr. V.N. Navalkar, entered into agreement with one Shri (Dr.) Kamlakant Desai on mutually set







































































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