Surinder Kumari and Another v. Mittu Sharma and Others

ORDER (17.04.2026)

¶1The arrangement settled by the court of learned Sub Judge, Katra in terms of order dated 17.08.2023 in a civil suit preferred by the respondents No. 1 & 2 herein has come to be modified by virtue of impugned order dated 08.11.2025 to the purported prejudice of the case of the petitioners as the contesting defendants.

¶2In terms of order dated 17.08.2023, the court of learned Sub Judge, Katra had taken a call to appoint a Chartered Accountant to supervise the earnings of the suit property of the Hotel M/s S. S. Plaza which is located in Katra.

¶3For the purpose of nominating a Chartered Accountant, both sides were called upon to propose from their respective end name of Chartered Accountant for enabling the trial court to pick up one and the professional fee of the Chartered Accountant to be approved was meant to be borne by the petitioners herein as defendants. Supp. List-1 Serial No. 109

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¶4The petitioners did not challenge the order dated

17.08.2023 with respect to the arrangement as envisaged therein but what has left the petitioner bothered is that instead of one Chartered Accountant, the trial court of Sub Judge, Katra has appointed two Chartered Accountants, namely, Vikas Dharmani and Rupinder Gupta before whom the petitioners are obliged to file monthly account of the hotel premises and the remuneration of the said two Chartered Accountants is also to be borne from the expenses of hotel M/s S. S. Plaza.

¶5The running of the hotel premises is said to be in the hands of the petitioners and this is where the petitioners reckon that at the end of the day, it is a burden upon them to bear the expenses of professional fee of two Chartered Accountants who can bill them at their own discretion without being guided and governed by the directions of the learned Sub Judge, Katra.

¶6This Court disposes of this petition with a direction to the learned Sub Judge, Katra to first figure out as to at which professional fee the two Chartered Accountants are willing to render their service and then seek the consent of the petitioners for the purpose of fixation of requisite professional fee payable to the two Chartered Accountants so that the petitioners, as defendants, are also not subjected to an unwarranted prejudice in the matter of

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bearing the burden of payment of professional fee of two Chartered Accountants instead of originally conceived one.

¶7Needful exercise to be done by the learned Sub Judge, Katra within a period of thirty days by or before 18.05.2026 by passing an order bearing reasons with respect to fixation of fee of the two Chartered Accountants and also the period for which the engagement of two Chartered Accountants is supposed to last.

¶8Disposed of.

(RAHUL BHARTI) JUDGE JAMMU

17.04.2026

Shivalee

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM(M) No. 62/2026 CM No. 2219/2026 Surinder Kumari & Anr. …..Petitioner(s) Through: Mr. G. S. Thakur, Advocate. Vs Mittu Sharma & Ors. .….Respondent(s) Through: Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE