RACHAPPA GURUADAPPA, BIJAPUR vs GURUSIDDAPPA NURANIAPPA and others
This matter arises from a petition for leave to appeal against the judgment and order of the High Court of Karnataka dated 26th of May, 1988, which affirmed the order of the learned Civil Judge, Hubli. The core legal controversy involves a partnership firm constituted on 18th September, 1972, and subsequently reconstituted in August, 1973 for a period of 25 years to run a cinema theatre at Hubli, wherein the petitioner and respondents Nos. 1 to 9 were partners, and the 1st respondent held a 12 paise share. Upon examining the facts and the petition, the court addressed the maintainability and merits of the dispute stemming from the partnership agreement. The court ultimately dealt with the petition for leave to appeal against the concurrent findings of the lower judicial fora.
- Whether the High Court was justified in affirming the order of the Civil Judge regarding the partnership dispute?
- Can a petition for leave to appeal be maintained against the judgment and order of the High Court upholding a civil court's order?
- What are the rights of partners in a reconstituted partnership firm constituted to run a business for a fixed term?
' SABYASACHI MUKHARJI, J.--This is a petition for leave to appeal against the judgment and order of the High Court of Karnataka, dated 26th of May, 1988. By the said judgment the High Court affirmed the order of the learned Civil Judge, Hubli. To appreciate the controversy, a few facts may be necessary.
2. On or about 18th September, 1972 a partnership firm was constituted which included the petitioner and the respondents Nos. 1 to 9 to run a cinema theatre at Hubli in the State of Karnataka. The said firm was reconstituted in August, 1973 for a period of 25 years with one partner retiring from the first firm. In the said reconstituted firm the 1st respondent had 12 paise share. On 8th
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