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2010 Supreme(Bom) 101

P.R.BORKAR
Hukumchand Bhaulal Patani – Appellant
Versus
Dhanlal Premraj Kale – Respondent


Advocates Appeared:
For the Appellants :V.J. Dixit, Senior Counsel instructed by S.P. Deshmukh, Advocate.
For the Respondents:S.D.Kulkarni, Advocate.

JUDGMENT

1. This second appeal is preferred by original Defendant Nos. 1 to 5, being aggrieved by the judgment and decree passed by the learned Civil Judge, Senior Division, Ahmednagar, in Special Civil Suit No.21 of 1982 decided on 4.11.1987, which judgment and decree is further confirmed by the learned Additional District Judge, Ahmednagar in Regular Civil Appeal No. 533 of 1987 decided on 16.12.1988.

2. Present Respondent Nos.1 to 3 were the original plaintiffs. They filed above referred suit for declaration that the partnership firm in the name and style "H.B. Patani & Company" had been dissolved and for settlement of accounts with interest on amount due. The suit was also for perpetual injunction in respect of municipal house No.626 situate at Shrirampur and for appointment of Receiver. The Trial Court decreed the suit declaring that the partnership had been dissolved on 20.1.1980 and the share of the plaintiffs in partnership firm was 1/2 and that of present appellantsdefendants Nos. 1 to 5 was 1/2. The Court also directed appointment of Advocate Shri A.S.Pingale as Receiver of the partnership estate and effects and for taking accounts and do all other acts as required to be
































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