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2025 Supreme(Online)(Ker) 41097

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
PENTA ASSOCIATES MARATHAKARA VILLAGE AND DESOM, THRISSUR DISTRICT-680 014 REPRESENTED BY ITS MANAGING PARTNERS, SHIJU AND SHAJI – Appellant
Versus
JAYASREE THOMAS – Respondent


Advocates:
For the Appellants/Petitioners: P.B.KRISHNAN (SR.), P.M.NEELAKANDAN, SABU GEORGE, P.B.SUBRAMANYAN, NITHIN ANCHAL
For the Respondents: K.S.BHARATHAN, S.ANJUSHA, T.K.HASAN, PAUL KURIAKOSE, R.ROHITH, HARISHMA P.THAMPI

Table of Content
1. the appeal concerns a partnership dissolution. (Para 1 , 2)
2. dissolution does not affect third party's pending claims. (Para 3)

J U D G M E N T Dated this the 14th day of July, 2025 This appeal has been preferred by a third party against the judgment and decree of the II Additional Sub Court, Thrissur in O.S. No.1009/2008. The above suit was filed by one of the partners of a firm ‘Puthur Fisheries’ for dissolution of partnership firm, rendition of accounts and partition.

2. As per judgment dated 31.10.2011, the trial court decreed the suit and a preliminary decree was passed decreeing that the partnership firm was dissolved with effect from 8.1.2008. The trial court further declared that the plaint schedule property shall be divided into 324 equal shares by metes and bounds among the partners. The appellants herein claim that some of the partners had executed an agreement for sale in respect of some of the items of property involved in the suit in their favour. A suit was filed by the appellants as OS. No.387/2007 for specific performance and it was dismissed, against which they preferred RFA. No.449 of 2018 and the same is pending before this court. The grievanc

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