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2021 Supreme(J&K) 135

SANJAY DHAR
Qazi Arshid Hussain – Appellant
Versus
Farooq Ahmad Wani – Respondent


Advocates:
Appearing Counsel:
For the Appellant(s):Mr. G.Q. Bhat, Advocate
For the Respondent(s):Mr. Jahangir Iqbal Ganai, Sr. Advocate with Ms. Humaira Shafi, Advocate

Judgment

Sanjay Dhar, J.—The instant appeal is directed against the judgment and decree dated 25.07.2005 passed by the learned Principal District Judge, Anantnag, whereby the suit of the respondents (hereinafter referred to as the ‘plaintiffs’) has been decreed against the appellants (hereinafter referred to as the ‘defendants) and the plaintiffs have been held entitled to recover an amount of Rs. 7.00 lacs along with interest @ 5% per annum and costs of the suit from the defendants.

2. Briefly stated the facts leading to filing of the instant appeal are that the plaintiffs filed a suit for recovery of an amount of Rs. 7.00 lacs against the defendants with a relief of decree for settlement of accounts and perpetual injunction. The case of the plaintiffs before the Trial Court was that they along with one-Qazi Abdul Salam were running partnership business of extracting, lifting and forwarding of Mini Forest Produce (MFP). The partnership was in equal shares and the business was being run by the partners under the name and style of M/s Friends Dhoop and Aggarbatti Works Qazigund.

3. It was averred that after running the business for some time, certain disputes arose between the partn

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