C.R.SHAMBULINGAPPA Vs. C.R.JAYASHANKAR NISHANI

JUDGEMENT

(1.) R.S.A.No.1999/2018 is filed challenging the judgment and decree dtd. 17/11/2015 passed in O.S.No.76/2005 by the Principal Civil Judge and JMFC, Chikkanayakanahalli and the judgment and decree dtd. 28/3/2018 passed in R.A.No.22/2016 by the Senior Civil Judge and JMFC, Chikkanayakanahalli.

(2.) R.S.A.No.2000/2018 is filed challenging the judgment and decree dtd. 17/11/2015 passed in O.S.No.147/2009 on the file of the Principal Civil Judge and JMFC, Chikkanayakanahalli and judgment and decree dtd. 28/3/2018 passed in R.A.No.28/2017 by the Senior Civil Judge and JMFC, Chikkanayakanahalli.

(3.) The factual matrix of the case of the appellant/plaintiff in O.S.No.76/2005 while seeking the relief of dissolution of partnership firm is that the defendant is his brother and one late C R Nagaraju Nishani was the brother of plaintiff and defendant and he was handicap. In the year 1987, Indian Oil Corporation Limited sanctioned dealership to said Nagaraju Nishani to run M/s. Nishani Service Station at Salkatte Cross, Chikkanayakanahalli and in the year 1989, said Nagaraju Nisahni passed away. Subsequently, the plaintiff and defendant continued the dealership of Indian Oil Corporation Limited as partners and defendant was only a sleeping partner therein. It is his contention that on 18/6/1992, the defendant executed an unregistered agreement by dissolving the partnership with Nishani Service Station and also he has taken his share as mentioned in the said Agreement dtd. 18/6/1992. It is contended that from 18/6/1992, the plaintiff became sole dealer of Indian Oil Corporation to run M/s Nishani Service Station. It is also contended that the defendant had filed a suit in O.S.No.63/1999 and the plaintiff also filed a suit for permanent injunction in O.S.No.289/2000 and both the suits were disposed of. It is also contended that the defendant knowing fully well that he is no longer partner of partnership firm, is interfering with plaintiff's possession and claiming himself as a partner. It is contended that the plaintiff has issued a legal notice on 28/1/2005 and thereafter dissolved the partnership firm. However, the defendant has given evasive reply and hence, filed the suit in O.S.No.76/2005.