M/S. RAJA BUILDERS AND INVESTMENTS PARTNERSHIP FIRM REP BY ITS PARTNER MR. RAJA DATTA, SRI BALAN CHETTIER, SRI RAJA UDAYASHANKAR AND SRI RAJA SUCHINDRA Vs. K.C. SHIVASHANKAR SINCE DECEASED BY L.RS. MRS. GAYATHRI, MS. MONIKA AND MS. BINDHIA

JUDGEMENT

(1.) THE legality and correctness of the judgment and decree passed by the 39th Addl. City Civil and Sessions Judge, Bangalore, in O.S. No. 482/2002 dated 29th August 2009, is called in question in this appeal. The appellants were the plaintiffs before the trial Court. The suit was instituted by the plaintiffs to declare that the Joint Development Agreement dated 31 -10 -1994, Supplementary Agreement dated 15 -12 -1994 and the General Power of Attorney dated 31 -10 -1994 executed by one K.C. Shivakumar are valid and subsisting and to direct defendant K.C. Shivashankar to take all necessary steps to facilitate implementation of the Joint Development Agreement dated 31 -10 -1994 and Supplementary Agreement dated 15 -12 -1994 and also take steps to settle dispute the dispute in relation to 5 ft. of land forming part of the suit schedule property and to perform all other obligations cast upon the defendant under the said agreements.

(2.) DURING the pendency of the suit, defendant -K.C. Shivashankar died and his legal representatives were brought on record.

(3.) THE defendant raised several contentions in the written statement. One of the contention was that the suit was not maintainable since plaintiff firm is an unregistered firm.