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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Mala, J
R. Sundaram – Appellant
Versus
Karur Vysya Bank Limited – Respondent
| Table of Content |
|---|
| 1. overview of the dispute over partnership asset classification. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. substantial questions of law raised regarding suit maintainability and perversity. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 3. maintainability of declaratory suit for partnership assets under specific relief act. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 4. assessment of evidence and findings of concurrent lower courts. (Para 23 , 24) |
| 5. limitation issues, mandatory injunction request, and admissibility of additional evidence. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 6. court's power to mould relief and declare firm dissolution due to irretrievably strained relations. (Para 32 , 33 , 34 , 35 , 36 , 37) |
COMMON JUDGMENT
(1)The above second appeals arise out of the common judgment and decree in A.S.Nos.66 and 65 of 2008, dated 06.08.2008. on the file of the learned Additional District and Sessions Judge, Fast Track Court No.1, Madurai, confirming the judgment and decree dated 07.04.2005, made in OS.No.241/1995, by the learned Principal District Munsif, Madurai.
(2)For the sake of brevity, the parties are referred to, as per their ranking before the Trial Court.
(3)Brief facts gi
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