TaxTMI 
TaxTMI 
2020 (3) TMI 3
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....ORDER 1. On 29th January, 2020, when the suit came up first before this Court, the following order was passed: - "1. The plaintiffs have sued for partition of immoveable properties and dissolution of partnership firms in terms of the Agreement/Family Settlement dated 11th March, 2014 between the plaintiffs and the defendants. 2. As per the averments in the plaint, all the part....
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....the mode provided for in the Agreement/Family Settlement dated 11th March, 2014, the plaintiffs cannot again seek partition and the remedy of the plaintiffs is only to seek specific performance of the unfulfilled part of the Agreement/Family Settlement dated 11th March, 2014. For instance, the plaintiffs are seeking recovery of possession of one of the properties; the plaintiffs have to sue for re....
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....the partition affected vide the Agreement/Family Settlement dated 11th March, 2014 or are proceeding on the premise that there has been no partition and if are proceeding on the latter premise, to satisfy that they have a share in accordance with law in the properties, title to which is held by others and/or right in the partnership firms, notwithstanding being not a partner thereof. 7. I....
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....mily Settlement dated 11th March, 2014 only and do not rely on the Partnership Deeds. It is further stated that since under the Agreement/Family Settlement dated 11th March, 2014, all the assets have already been partitioned/divided, the plaintiffs shall sue, either for specific performance of what the defendants had agreed/undertaken under the Agreement/Family Settlement dated 11th March, 2014 an....