MALTI VIJAYSINGH KAPADIA Vs. PRATAP GORDHANDAS KAPAIDA

JUDGEMENT

(1.) THESE Three appeals from order under order 43 rule 1(R) of Code of Civil Procedure, 1908 (C.P.C.) challenge common order/judgment dated 7th February 2005 passed by the City Civil Court, Greater Bombay on three different notices of motion.

(2.) BY the impugned order the said Court has found it not proper or desirable to set aside order passed by it earlier appointing Court Receiver and asking him to take possession from anybody found in possession. The appellantMalti in Notice of Motion No.3494 of 2003 is appellant in Appeal from Order No.270/2005. AppellantHemant in Appeal from Order No.272/2005 is the applicant in Notice of Motion No.3493/2003 while Vijay Singh, the appellant in Appeal from Order No.273/2005 is the applicant in Notice of Motion No.3495/2003.

(3.) ONE Gordhandas left behind him three sons Vijay Singh appellant in Appeal from Order No.273/2005, Rajinder Singh who expired on 25th November 2005 and Pratap Singh ­ third son. S.C.Suit No.6954/2002 was filed by Pratap Singh against the legal heirs of his brother Ranjeet Singh claiming that Pratap and Ranjeet were partners in business. The Suit was for dissolution of firm by name "NETCO" for accounts etc. A declaration sought in it was that the plaintiff and defendants were carrying partnership business in the name and style "M/s NETCO" from the said tenanted premises bearing Shop Nos.1 and 37 and Godown No.4 situated at ground floor of Building No.127/129,131/133 known as Dhanjee Mooljee Building, at Old Hanuman Lane, Kalbadevi Road, Mumbai. The said suit was filed on 24 th December 2002 and it was decreed on 22nd August 2003.