THE HON’BLE SRI JUSTICE R.KANTHA RAO A.S.NO.566 OF 1992 DT.08.02.2010 Between: Puli Anjaneyulu and fourteen others …………….Appellants Vs. Illuri Raghavayya and others. ………………..Respondents JUDGMENT: 1) Heard the learned counsel appearing for the appellants and the learned counsel appearing for the respondent Nos.1, 5 and 6. There is no representation for the remaining respondents. 2) The learned trial court basing on the report of the Commissioner arrived at a conclusion that an amount of Rs.59,733-92ps., together with interest was only available for distribution amongst the partners. The trial court also came to the conclusion that after adjusting the amount of loss of Rs.35,525-62ps. said to have been sustained by the partners as per the additional report of the Commissioner, the remaining amount only is liable for distribution, about which there is no dispute. From out of the total amount, the amount to be made available by the plaintiff for distribution amongst the partners is Rs.24,208-30ps, which is to be apportioned among the partners. Accordingly, the learned trial court arrived at an amount of Rs.24,208-30 ps., which according to it is only available for apportionment amongst the partners of the firm in accordance with their respective shares. However, the trial court by mistake in the operative portion of the judgment mentioned that the plaintiff is liable to pay Rs.59,733-92 ps., to the suit firm and out of the same, he is entitled to get Rs.14,714.06 ps., from the firm. The trial court also mentioned that the respondents herein were entitled to the respective amounts towards their respective shares. The operative portion of the judgment is challenged by the appellants. 3) In the operative portion of the judgment, there is apparently a mistake committed by the trial court, which is not in accordance with law and that the conclusion arrived at by the trial court in this context is untenable. 4) This Court while granting interim stay in the appeal filed by the appellants, directed the appellants to deposit Rs.15,000/- within six weeks from the date of the said order and accordingly, the said amount was deposited in compliance with the order passed by this court. 5) The court below came to the conclusion that an amount of Rs.59,733-92 ps., was available with the firm, which is more than the actual amount available for distribution. An amount of Rs.9,494-24 ps., which is the actual amount available with the firm was also withdrawn by the respondents concerned. 6) In view of the above, no cause exists in this appeal and the same is therefore dismissed as it has become infructuous. No costs. _______________ R.KANTHA RAO J., Dt.08.02.2010 tjs