1 sa284-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.284 OF 2010 Lalita Satgonda Patil ..Appellant Vs Balasaheb Shamrao Nitave ..Respondent ­­ Mr.S.D.Patil, for appellant. Mr.R.S.Apte, Senior Advocate h/f.Mr.V.BRajure, for respondent. ­­ CORAM : R.G.KETKAR, J. DATE : 1 st APRIL, 2011 P.C: This Second Appeal is preferred challenging the judgment and decree dated 28 th July, 2003 passed by the IIIrd Joint Civil Judge, Senior Division, Kolhapur in Regular Final Decree Application No.23 of 1996 as also judgment and decree dated 12 th October, 2009 passed by the Addl. District Judge­3, Kolhapur in Regular Civil Appeal No.446 of 2003 for not awarding interest as per Section 34 of the Code of Civil Procedure, 1908 (for short “CPC”). 2] Mr.Patil, learned counsel for the appellant contended that the Courts below committed error in awarding interest only from the date of final decree. He contended that the Courts below ought to have awarded interest as per Section 34 of the C.P.C. 2 sa284-10.sxw 3] On the other hand, Mr.Apte, learned Senior Advocate for respondent supported this part of the judgments of the Courts below. He relied upon the decision in the case of Suleman Vs. Abdul Latif, AIR 1930 Privy Council 185. In the case of Sumelam (supra) the Privy Council has held that in an action to dissolve and wind up the affairs of a partnership, until the accounts have been taken, it is impossible to say what if anything is due from any partner or co­partners, interest therefore, should only be allowed to the plaintiffs from the date of final decree by which the amount, if any, is found to be due from the defendants to the plaintiffs and not from the date of the plaint. 4] I have considered the submissions of the parties. In view of the judgment of the Privy Council in the case of Suleman (supra), I am of the opinion that the Courts below have rightly awarded the interest from the date of final decree. No substantial question of law arises in this appeal. The Appeal is dismissed. [R.G.KETKAR, J.]