IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU APPEAL SUIT No.78 OF 2010 Between : Gugulothu Roopla and another .... Appellants A N D Banoth Ganesh …Respondent THE HON'BLE SRI JUSTICE K.C. BHANU APPEAL SUIT No.78 OF 2010 J U D G M E N T: The Appeal under Rule 49 of the A.P. Agency Rules, 1924 read with Section 96 of C.P.C. is filed against the order and decree, dated 01.02.2010, made in O.S. No. 47 of 2007, on the file of the Agent to the Government at Khammam District. 2. It is brought to the notice of this court that without recording any evidence suit is decreed, which is illegal. Admittedly no oral and documentary evidence was let in by both the parties. In the absence of evidence, the question of determining the issues does not arise. 3. Hence the Appeal Suit is allowed, setting aside the order and decree, dated 01.02.2010, made in O.S. No.47 of 2007, on the file of Agent to the Government at Khammam District, However, the trial Court is directed to dispose of the case as expeditiously as possible after giving opportunity to both the parties to lead evidence. No costs. _______________ K.C.BHANU. J MARCH 02, 2010. YVL Note: Issue C.C. within two days. (B/o) YVL