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2025 Supreme(Ker) 1734

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. Pratheep Kumar, J
Chathu Kottollathil S/o Kannan Therath – Appellant
Versus
Parveettil Haris S/o Pakran – Respondent


Advocates:
Advocate Appeared:
For the Appellants : A.T. Anilkumar, V. Shylaja
For the Respondents: P.B. Krishnan, P.M. Neelakandan, Sabu George, P.B. Subramanyan

Table of Content
1. court's analysis of property status and partnership law. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28)
2. court's ruling on unjustified damages. (Para 29)
3. final decision on appeal. (Para 30)

JUDGMENT :

1. The additional defendants 2 to 5 in O.S.80/2011 on the file of the Subordinate Judge, Vatakara are the appellants. (For the purpose of convenience the parties are hereafter referred to as per their rank before the trial court.)

2. The plaintiff filed the above suit originally for dissolution of partnership and rendition of account. Subsequently the prayer for declaration was also incorporated. During the pendency of the suit, the original defendant died and his legal representatives were impleaded as additional defendants 2 to 5. The plaintiff and the original defendant had entered into a partnership business in the name and style 'M/s.Unique Wood Industry' at Thanneerpanthal. It was a partnership at Will. The share capital of the firm was Rs.5,50,000 and out of which, the plaintiff contributed 25% and the original defendant contributed 75%. Ext.B1 is the partnership deed dated 8.9.2000 executed by them in that respect. Till 2004, the business w

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