JUDGMENT

URMILA JOSHI-PHALKE, J. - Heard learned counsel for the parties.

2. The appellant has challenged the order and judgment dtd. 8/10/2009 passed by the learned Single Judge in Writ Petition No.2122 of 2002 confirming the order passed by the respondent no.1.

3. Brief facts of the case are as follows :

A] In the year 1973 the Firm namely M/s Akot Wine Mart was constituted and licence for wine shop (Country and foreign liquor) was obtained in the name of M/s Akot Wine Mart. On 1/11/1978, the firm was reconstituted and three persons namely Vijaykumar Dwarkalal Jaiswal, Arunkumar Dwarkalal Jaiswal (Appellant) and Dinkarrao Pundlikrao Gawande were the partners of the firm. On 1/9/1992 a fresh deed of partnership was executed and as per Clause 10, on the death of a partner the firm was not to be dissolved. The legal heirs were disentitled from claiming any goodwill or rights of the firm. On 21/11/1994 Dinkarrao, a partner expired. The said partnership was again reconstituted on 23/12/1994 and the remaining two partners agreed to share profits and losses equally.

4. According to the appellant, as per the terms and conditions of the partnership Deed, on the death or retirement of any p