- (1.) Original Suit No. 710/1986 (Shivraj Saran Agrawal v. Shambhal Gun House and 2 others), was filed by one partner of the dissolved firm (defendant no.-1) against other partners of the said firm (defendant nos. 2 & 3) for relief of accounting and permanent injunction. The said suit was decreed by the judgement dated 24.05.1997 of the Court of Additional Civil Judge (/J.S.C.C), Moradabad, by which it was directed that decree for 3/10th share of firm defendant no.-1 be prepared in favour of plaintiff Shivraj Saran Agrawal, and the defendants are directed to hand over the possession of the disputed property to plaintiff and pay an amount of damages at the rate of Rs. 50/- per day till handing over of the possession.
(2.) Against the judgement of the trial court, defendant no.-1 - firm and defendant no.-2 Sri Krishna Avatar Agrawal had preferred Civil Appeal No. 80/1997 (M/s Shambhal Gun House & another v. Shivraj Saran Agrawal & another), which was heard and dismissed by the judgement dated 06.11.2008 of Additional District Judge, Court no.-1, Moradabad.
(3.) Aggrieved by the judgements of the Trial Court as well as the first appellate Court, the present second is preferred on behalf of defendant no.-1 (dissolved partnership Firm) and defendant no.-2 of the original suit .;