TMI Blog2020 (3) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... ing fresh suit, would be required to pay additional court fees but if this suit is disposed of, the court fees paid shall be wasted. The suit and pending applications are dismissed as withdrawn with liberty to sue for enforcement of obligations of the defendants under the Agreement/Family Settlement dated 11th March, 2014 but on the condition that the plaintiffs, along with the fresh proceedings if any file copies of the plaint in the present suit as well as this order and in the fresh plaint/suit so filed, prominently plead the said aspect. A certificate entitling the plaintiffs to refund of court fees paid less ₹ 20,000/-, be issued and handed over to the counsel for the plaintiffs. - CS(OS) 29/2020 And I.A. Nos.1230/2020, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 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 recovery of possession and not for partition. 4. The same is the position with respect to partnership firms. If the partnership firms have already been dissolved, the reliefs which the plaintiffs would be entitled to, if are able to make out a case of having a right to do so, would be to seek a decree for accounts and/or for recovery of whatever is due on such dissolution and relief of dissolution cannot be sought all over again. 5. The counsel for the plaintif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt/Family 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 and have not been carried out or fulfilled or for recovery of possession of or monies as may be due to plaintiffs from defendants. 3. The counsel for the plaintiffs seeks adjournment to amend the plaint. 4. As would be obvious from the aforesaid, what the plaintiffs are required to do is a complete overhauling of the plaint and not merely ..... X X X X Extracts X X X X X X X X Extracts X X X X
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