B NARASIMHA RAO Vs. B UMA MAHESWARA RAO

JUDGEMENT

(1.) The plaintiff in CS No.709 of 2004 has come forward with this application seeking appointment of an Advocate Commissioner to take true and proper accounts of the firm T.Madhava Rao & Co., as per the preliminary decree and to pass a final decree there on.

(2.) The applicant as plaintiff has filed the suit in CS No.709 of 2004 seeking dissolution of the firm T.Madhava Rao & Co., and directing the defendants to render accounts and for declaring the share of the partners. An ex-parte preliminary decree came to be passed in the said suit on 20.07.2007, as per the said decree, the firm T.Madhava Rao & Co., was directed to be dissolved and the defendants were directed to render true and proper accounts.

(3.) The plaintiff would claim that the property belonging to the firm was brought to sale by a creditor of the firm in CS No.267 of 2002 and the proceeds were deposited to the credit of the said suit. The residue of the sale proceeds after adjusting the suit claim in CS No.267 of 2002 is available subject to various attachments arising out of other money decrees passed against the firm. While so, it appears that the 2nd respondent filed an application to withdraw 30% of the sale profits being his alleged share in the partnership without settling the accounts of the partnership. The said application in Application No.5094 of 2016 appears to have been allowed by the learned Master. It is also stated that the said order was set aside by this Court, by an order 02.01.2017 made in Appln.No.5527 of 2016 and the matter has been remitted to the learned Master to hold enquiry with regard to the entitlement of the parties, it is stated that the said application is pending. It is at this stage, the plaintiff has come forward with the present application seeking appointment of an Advocate commissioner.