BLUMOON SERVICE STATION Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) Sri.Madhusudhan.M.N., learned counsel for petitioner has appeared in person. Sri.Arun Das., learned counsel on behalf of Sri.Prashanth Kumar.S.T., for respondent has appeared through video conferencing.

(2.) The brief facts are these: One Smt.Sushila Devi W/o Late.S.S.Mariappa and Sri.H.S.Ashok - the petitioner herein entered into Registered Partnership Deed on 14/1/1999 with respect to dealer of the business for supply of petroleum products under the name and style of M/s.Blumoon Service Station. The petitioner got leased the suitable plot of land to the respondent by entering into registered lease agreement with respect to the immovable property bearing land in Sy.No.38/2 to an extent of 0.53 Acre i.e., measuring to an extent of 23,080 sq.ft which is situated at I Block, Bychanahalli, Kushalnagar, Somavarpet Taluk, Kodagu District for a period of 25 years from its original owner by name Sri.H.K.Suresh S/o Late.Krishnappa on 23/2/1999. As things stood thus, one of the partner Smt.Sushila Devi came out of the partnership through a Registered Deed of Dissolution of Partnership. Hence, Mr.H.S.Ashok continued as the sole partner of the Firm M/s.Blumoon Service Station. It is averred that Smt.Sushila Devi filed a suit through a power of attorney holder byname Smt.S.U.Aruna against the petitioner herein and Indian Oil Corporation on the file of Senior Civil Judge, Madikeri in O.S.No.51/2005 seeking the relief of dissolution of Partnership and for accounts. The Trial Court after contest, dismissed the suit on 4/3/2014 with costs. As against the Judgment and Decree of the Trial Court, Smt.Sushila Devi represented by power of attorney holder, preferred an appeal in R.A.No.08/2014 on the file of District Judge, Madikeri, Kodagu District. During the pendency of the appeal, the Indian Oil Corporation Limited intimated the petitioner vide Annexure-D i.e., on 5/10/2017 stating that they have received a notice from an Advocate Sri.C.Sumanth Palaksha, Kodagu informing that Smt.Sushila Devi has died on 2/9/2017 and her daughter in law Smt.S.U.Aruna has got Will in her name bequeathing the rights of Smt.Sushila Devi. They also intimated that the suit is pending before Civil Judge Senior Division Court of Madikeri, Kodagu. They further stated that in view of demise of one of the partner, the partnership deed submitted by the petitioner becomes null & void. Hence, a request was made to the petitioner to submit a fresh reconstitution proposal along with the legal heirs of Smt.Sushila Devi immediately, so as to process the same and if the proposal is not received by them, they will constrain to stop supplies to petitioner's retail outlet. This communication is called into question in this Writ Petition on several grounds as set out in the Memorandum of Writ Petition.

(3.) Learned counsel for petitioner and respondent have urged several contentions.