KASIREDDY LAXMINARAYANA REDDY Vs. VALLAPPA REDDY SUMITRA REDDY

JUDGEMENT

(1.) C. M. A. NO. 1485 OF 2004 the Civil Miscellaneous Appeal is preferred by the plaintiff in O. S. No. 1601 of 1983 on the file of the II Senior Civil Judge, City Civil Court, Hyderabad.

(2.) THE suit was filed seeking accounts of the dissolved partnership firm business and payment of profits to the extent of 25ps towards share of the plaintiff. A preliminary decree was passed by the lower Court and later an application covered by I. A. No. 1247 of 2001 was filed under Order 40 Rule 7 read with Section 151 C. P. C. to appoint a commissioner to take possession of the assets of the partnership firm including the land in Survey No. 28/1 to 3 situated at Begumpet, Hyderabad and the account books of the firm M/s Viraj constructions on the basis of inventory taken by a commissioner during pendency of the suit, after taking possession of the land and account books seeking to settle accounts pertaining to his share of profits as per preliminary decree, dated 06. 11. 1995 as modified by the High Court by its order dated 28. 03. 2001 in ccca No. 52 of 1999.

(3.) THE respondent opposed the application by contending that the commissioner cannot be appointed in view of the order of the High Court in L. P. A. No. 271 of 2001 in dismissing the petition for appointment of receiver. The lower Court allowed the application by appointing an advocate commissioner for the purpose mentioned in the petition. The lower Court while passing the order observed that according to the order of the High Court dated 06. 08. 2002 in C. M. P. No. 14038 of 2000 in L. P. A. No. 271 of 2001 only stay of passing of final decree was passed, while allowing the other proceedings to go on. In another order, dated 23. 01. 2008, passed by the Division Bench of this Court in C. M. P. No. 18249 of 2001 in L. P. A. No. 271 of 2001 directed that both parties shall not alienate the suit schedule partnership properties pending disposal of the L. P. A. Subsequently, 3rd respondent filed C. M. P. No. 17632 of 2001 to appoint a Court receiver to take possession of the assets of the partnership firm, sell away the same and deposit the sale proceeds to the credit of the said L. P. A. The High Court through its order dated 23. 01. 2002 mentioned that in the light of the orders passed earlier in C. M. P. No. 18249 of 2001 restraining both parties concerned alienating the properties, the relief sought for in two applications cannot be granted.