Madras High Court
Kadar Ibrahim Rowther & Sons vs Aisma Ammal on 6 February, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
C.R.P(MD)No.321 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.02.2025
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P(MD)No.321 of 2025
and
C.M.P(MD)No.1842 of 2025
1.Kadar Ibrahim Rowther & Sons
Represented by its Sharer Sharfudeen.
2.M.A.M.Service,
Represented by its Sharer Sharfudeen.
3.Sharfudeen
4.S.K.Roadways
Represented by its Sharer Sharfudeen.
... Petitioners/Respondents 1-4/
Judgment Debtor 1-4
Vs.
1.Aisma Ammal
2.Zakir Hussain
3.Syed Kadar Saleem
4.Sabir Salik ... Respondents/Petitioners/
Judgment Creditor
1/6
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.321 of 2025
5.Hafeez Motor Transports,
39, Sathiyamoorthi Road,
Pudukottai District.
6.A1 Hafeez Motor Transports,
39 Upstairs,
Sathiyamoorthi Road,
Pudukottai District. ... Respondents/ Respondents 5&6/
Judgment Debtor 5&6
PRAYER: Civil Revision Petition is filed under Section 115 of Code of
Civil Procedure, to set aside the fair and decreetal order, dated
05.02.2024 made in I.A.No.1 of 2022 in O.S.No.2637 of 2004 on the file
of the learned Principal District Munsif Court, Trichy.
For Petitioner : Mr.M.Ajmal Khan
Senior Counsel
for Mr.J.Senthil Kumaraiah
For R2 - R4 : Mr.Raghuvaran Gopalan
ORDER
The present revision petition has been filed by the judgment
debtors in O.S.No.2637 of 2004 on the file of learned Principal District
Munsif Court, Tiruchirappalli challenging the order passed in the final
decree proceedings, wherein an Advocate Commissioner has been
https://www.mhc.tn.gov.in/judis
appointed for the purposes of taking accounts of the 1 st and 2nd
defendants firms.
2. The learned Senior Counsel appearing for the petitioners had
contended that though the suit was filed seeking rendition of accounts for
1st and 2nd defendants firms, a preliminary decree was granted for
rendition of accounts only for the 2nd defendant firm. However, when the
decree holders filed I.A.No.1 of 2022, a prayer was made for rendition of
accounts for the 1st and 2nd defendants firms. Such a prayer was resisted
by the defendants by filing a counter, specifically pointing out that there
is no decree for rendition of accounts for the 1st defendant firm. Without
considering the said objection, the final decree Court had proceeded to
appoint an Advocate Commissioner under the impugned order with a
direction to the 3rd defendant to render accounts with regard to the 1st and
2nd defendants firms.
3. According to the learned Senior Counsel appearing for the
petitioners, the decree of the trial Court was confirmed in second appeal
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and later, Special Leave Petition filed by the respective parties have also
been dismissed. When there is no decree for rendition of accounts for the
1st defendant firm, the final decree Court ought not to have appointed an
Advocate Commissioner for rendition of accounts for 1st defendant firm.
4. The learned counsel appearing for the decree holders, on
instructions submits that, due to some inadvertent mistake, a prayer was
made with regard to 1st defendant firm also and the Court has proceeded
to pass such an order.
5. Considering the above said facts, the order dated 05.02.2024
made in I.A.No.1 of 2022 in O.S.No.2637 of 2004 is hereby modified to
the effect that the 3rd defendant shall render accounts of the 2nd defendant
firm (M.A.M Service). As far as the order directing rendition of accounts
with regard to 1st defendant firm (Kadar Ibrahim Rowther & Sons) is
concerned, it is hereby set aside.
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6. With the above observations, this Civil Revision Petition stands
partly allowed to the extent as stated above. No costs. Consequently,
connected Civil Miscellaneous Petition is closed.
06.02.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gbg
To
1.The Principal District Munsif Court,
Trichy.
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR ,J.
gbg
Order made in
06.02.2025
https://www.mhc.tn.gov.in/judis
