ADITYA DEVELOPERS AND BUILDERS Vs. CHANDRAMA GULABCHAND DUBEY

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) By this Interim Application the Applicant has sought an order of injunction restraining the Defendants and their servants and representative from dealing with, disposing off, parting with possession or creating any third party, title or interest in respect of the suit property or any tenements or any part thereof. Further, relief has been sought for appointment of Court Receiver in respect of the Suit property and for disclosure on oath the documents executed by Defendants for creating third parties rights with respect to the Suit property or any part thereof.

(3.) Mr. Cyrus Ardheshir, learned Counsel for the Applicants / Plaintiffs has submitted that the Deed of Partnership was executed on 8/1/2013 between the Plaintiff herein and the predecessor of the Defendants, namely Gulabchand Balaram Dube for carrying the business as Builder and Developers, etc. and for re-development of the suit property for which the Development Rights Agreement has been entered into with the Society. It so transpired that Gulabchand Balaram Dube had thereafter expired. In Clause 17 of the Deed of Partnership it was provided that in the event of death of any of the partner, the firm shall not dissolve the partnership and the surviving partner and the legal heirs of the deceased partner shall continue the business without interruption. It was further agreed in the said Clause that surviving partner shall agree to admit any / all of the legal heirs of the deceased partner.