1 IN THE HIGH COURT OF JUDICATURE AT BOMABY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.663 OF 2009 Smt. Shardaben P. Savla. ..Appellant. Vs. Shankar Corporation and ors. ..Respondents. Mr. G.S.Godbole with Manoj Kumar Pandey i/by Manoj Kumar Upadhyay for the Appellant. Mr.A.Y.Sakhare with S.D.Mishra for the Respondent No.1. Mr.A.R.Shaikh for the Respondent Nos. 2 and 3. CORAM : R.S. MOHITE, J. DATE : 23/9/2009 PC: 1 This is an appeal filed by the original plaintiff No.1 against the dismissal of the notice of motion by the City civil Court. The original plaintiffs claim to be the heirs of one Damjibhai Savla who according to them was partner of partnership firm by name M/s. D.M. Corporation. According to them, under Clause 18 of the Partnership deed, the legal heirs of the deceased 2 partner was entitled to become partners and on the death of the partner, firm was not to be dissolved. Damjibhai expired in the year 1994. It is the case of the plaintiffs that on 26.1.1989 an agreement of development was executed by the defendant Nos. 2 and 3 in favour of the plaintiffs. The suit filed by the plaintiffs is only for declaration that the said agreement is subsisting and binding. There is no prayer for specific performance. It is seen that though Damjibhai died in the year 1994, a suit was filed 14 years later in the year 2008. According to me, in the absence of prayer for specific performance and in the peculiar facts of this case, wherein plaintiffs have not been admitted as partners. The plaintiffs failed to establish a prima facie case. No fault can be found with the impugned order. Hence, appeal is dismissed. (R.S. MOHITE, J.)