BHARAT BHUSHAN BHARGAVA Vs. MOHIT BHARGAVA

JUDGEMENT

(1.) THIS petition is directed against the Order dated 25-3-2011 passed by the 9th Additional District Judge, Indore in Execution Case 14A/2002-2003. Relevant facts leading to this petition are as under.

(2.) A registered partnership firm in the name and style of "Refrigeration Industries" was constituted. Petitioner and Late Shri Y. N. Bhargava-grandfather of respondent No. 1 and others were partners in the firm. Late Shri Y. N. Bhargava was the Managing Partner of the firm. A notice for dissolution was issued by some of the partners to the grandfather of the respondent No. 1. Ultimately, present petitioner filed a suit in the District Court of Gwalior for dissolution of the partnership firm and rendition of accounts.

(3.) AFTER the preliminary decree was passed original judgment-debtor late Shri Y. N. Bhargava had executed a Will in favour of his grandson, the present respondent No. 1. The Will executed by late Y. N. Bhargava designating respondent No. 1 as legatee was probated.