Allowed

Sakalnarayan Singh Sitalaprasad Singh and Ors. v. Kamlesh S/O. Awadhnarayan and Ors.

Bombay HC3 Sept 2004LPA/250/2000

Case brief

AI extract

What is this about?

This judgment disposes of an appeal against a First Appeal in a suit for declaration of partnership. Allowing the appeal, the High Court of Bombay set aside the impugned order and remanded the matter to the First Appellate Court for a fresh decision., along with another related appeal. The court also directs continuation of a specific performance requirement of depositing Rs. 3,000.

What did the court decide?

The appeal was allowed; the order of the First Appellate Court was set aside; the matter was remanded to the First Appellate Court for a fresh decision.

IN	THE HIGH COURT OF CIVIL	JUDICATUR APPELLATE	E AT	BOMBAY SIDE
	LETTERS PATENT APPEAL	NO.	250 OF	2000
Sakalnaraya	n Singh			Sitalaprasad
Singh and o	thers	... Appe	llants
Vs.
Kamlesh and others	S/o.	... Resp	Aw ondents	adhnarayan
Mr.	U.S.R. Singh	for		Appellant.
Mr.	Suresh Gole	for	R	espondents.
	CORAM AN	: F.I. OOP	REBELL V.	O & MOHTA,JJ.
	DATED :	SEPTEM	BER 03,	2004
P.C.				:
1.	This appeal arises from	the order	passed	in
First	Appeal No. 997 of 1996	in S.C.	Suit	No.
6669	of 1979. The Plai	ntiff who	are	present
appellants	had filed suit	for	declaration	that
there	exists partnership b	etween	Plaintiff	and
Defendant	No. 1 since dece	ased and	defendant	No.
2 and	Defendant NO. 3 sinc	e deceased	in res	pect of
the	business as set out therei	n. This	suit	was
heard	along with S.C. Suit No.	6403	of 1979	and
disposed	of by common order	dated 14.6	.1996.	The
trial	court by judgment dated	14.6.1996	was	pleased
to	decree the suit in terms	of Pray	er Clause	(a)

THE
HIGH
COURT
OF
CIVIL

JUDICATUR
APPELLATE

E
AT

BOMBAY
SIDE

LETTERS
PATENT
APPEAL

NO.

250
OF

2000

Sakalnaraya

n
Singh

Sitalaprasad

Singh and o

thers

... Appe

llants

Vs.

Kamlesh
and others

S/o.

... Resp

Aw
ondents

adhnarayan

Mr.

U.S.R.
Singh

for

Appellant.

Mr.

Suresh
Gole

for

espondents.

CORAM
AN

:
F.I.
OOP

REBELL
V.

O
&
MOHTA,JJ.

DATED
:

SEPTEM

BER
03,

2004

P.C.

This
appeal
arises
from

the
order

passed

First

Appeal
No.
997
of
1996

in
S.C.

Suit

No.

6669

of
1979.
The
Plai

ntiff
who

are

present

appellants

had
filed
suit

for

declaration

that

there

exists
partnership
b

etween

Plaintiff

and

Defendant

No.
1
since
dece

ased
and

defendant

No.

2
and

Defendant
NO.
3
sinc

e
deceased

in
res

pect
of

the

business
as
set
out
therei

n.
This

suit

was

heard

along
with
S.C.
Suit
No.

6403

of
1979

and

disposed

of
by
common
order

dated
14.6

.1996.

The

trial

court
by
judgment
dated

14.6.1996

was

pleased

decree
the
suit
in
terms

of
Pray

er
Clause

(a)

together	with cost.	The		appe	al	came	to	be
preferred	against that	order	being	F.A.		No.		997
of	1996. The	learned	First	App	ellate	Co	urt	heard
First	Appeal No.	997	of	1996	along		with	First
Appeal	No. 1001	of 1996	and	in	view	of	the	order
passed	in Appeal	No.	1001	of	1996		allowed	the

together

with
cost.

The

appe

came

preferred

against
that

order

being

F.A.

No.

997

1996.
The

learned

First

App

ellate

urt

heard

First

Appeal
No.

997

1996

along

with

First

Appeal

No.
1001

of
1996

and

view

the

order

passed

in
Appeal

No.

1001

1996

allowed

the

2.	In	view	of	the	order passed by	us	in	L.P.A.
No.	251	of	2000,		we allow this	appeal.	Set	aside
the	order	and	remand		the matter back	to	the	First
Appellate	Cou	rt	for		decision afresh.		The	Fist
Appeal	No.		997	of	1996 will be	heard	along	with

view

the

order
passed
by

L.P.A.

No.

251

2000,

we
allow
this

appeal.

Set

aside

the

order

and

remand

the
matter
back

the

First

Appellate

Cou

for

decision
afresh.

The

Fist

Appeal

No.

997

1996
will
be

heard

along

with

4.	Th	ere was ea	rlier order	directi	ng		respondents
to	deposit	the sum	of Rs.3,000/-	bef	ore	the	City
Civil	Court	and on	failure to dep	osit		the	Court
Receiver	of	this co	urt be appoi	nted		as	Receiver.
We	direct	respondents	to continue	to		deposit	the
said	amount	of Rs.3,000/	- in the	City		Civil	Court
failing	which	Receiver	of this	co	urt	will	be
appointed	as	Court Receive	r in terms		of	the	earlier

ere
was
ea

rlier
order

directi

respondents

deposit

the
sum

of
Rs.3,000/-

bef

ore

the

City

Civil

Court

and
on

failure
to
dep

osit

the

Court

Receiver

this
co

urt
be
appoi

nted

Receiver.

direct

respondents

to
continue

deposit

the

said

amount

of
Rs.3,000/

-
in
the

City

Civil

Court

failing

which

Receiver

of
this

urt

will

appointed

Court
Receive

r
in
terms

the

earlier

Sakalnarayan Singh Sitalaprasad Singh and Ors. v. Kamlesh S/O. Awadhnarayan and Ors.

Case brief

What is this about?

What did the court decide?

Sakalnarayan Singh Sitalaprasad Singh and Ors. v. Kamlesh S/O. Awadhnarayan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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