V R VENKATACHALAM AND ORS Vs. MANGA DEVI

JUDGEMENT

(1.) The present second appeal has been filed by the defendants as against the judgment and decree passed by the VI Additional City Civil Court, Chennai, in A.S.No.513 of 2005, dated 20.07.2006, reversing the judgment and decree passed by the XII Assistant City Civil Court, Chennai, in O.S.No.574 of 2001, dated 27.04.2005.

(2.) The plaintiff/respondent herein had filed a suit in O.S.No.574 of 2001, seeking ----

(3.) Though the trial Court dismissed the suit by refusing all the above said prayers, on appeal, the learned first appellate Court held that the partnership is dissolved. In view of the dissolution of the firm, a direction was also given in favour of the plaintiff to file a separate petition at the time of final decree for appointment of receiver to manage the business of the firm and also to submit accounts. But, in respect of the second prayer, in view of the dissolution of the firm star talkies as held in point No.1, the permanent injunction as prayed for was granted. So far as the third prayer, namely, mandatory injunction directing the first defendant to file all the title deeds of the properties of the Theater Star Talkies, is concerned, learned first appellate Court held that the second defendant/second appellant herein being in possession of title deeds of the properties of Star Talkies, first defendant/first appellant herein is not entitled to be in possession of the title deeds of the plaintiff/respondent herein and on that basis, it was held that the plaintiff/respondent herein is entitled to have possession of title deeds of the Star Talkies. Accordingly, the first defendant/first appellant herein was directed to deposit the title deeds relating to Star Talkies in the Court. This has been challenged.