HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.114 OF 2010 DATE:29-01-2010 BETWEEN M/s. Ashok Mahal, a regd. Firm Rep. by its Managing Partner Manthena Bhavaraju & others. …Petitioners AND Vatsavaya Kumara Venkata Krishna Varma & others. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.114 OF 2010 ORDER: This revision by the defendants under Article 227 of Constitution of India is directed against the orders of the Principal District Judge, East Godavari District, Rajahmundry, dated 17.11.2009 in not re-casting issue No.3 as desired by the defendants in I.A.No.1177 of 2009 in O.S.No.9 of 2007. In the above suit instituted by the respondents herein for declaration that the first defendant firm stood dissolved with effect from 30.9.2006 and also for other reliefs, the defendants- petitioners herein filed the impugned I.A. for recasting of the issues contending that the contention of the plaintiffs that the first defendant firm is terminable at will is not correct and that the firm is not a partnership at will, and therefore, in view of the pleas taken by them the issues have to be re-casted as indicated in the application. By the impugned order, the lower Court re-casted the issues as desired by the petitioners except issue No.3 ‘whether the first defendant partnership firm is not terminable at will’ as against the issue proposed by the petitioners that ‘whether the first defendant partnership firm is terminable at will’. The reasoning given by the lower Court for rejecting the request of the petitioners for re-casting the issue No.3 is that as per the partnership deed, which is not in dispute, the partnership is terminable at will. Therefore, prima facie it appears that the said issue was framed basing on the pleadings of the parties. No illegality or infirmity is discernable with the impugned order warranting interference by this Court. The revision fails and is accordingly dismissed. No order as to costs. _______________ A. GOPAL REDDY, J. JANUARY 29, 2010 Tsr.