IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.4249 OF 2003 Between: Donapalli Satya Surya Lakshmi and another .....APPELLANTS AND Koduri Sitamma and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.4249 OF 2003 JUDGMENT: This Civil Miscellaneous Appeal, under Order XLIII Rule 1 (u) of the Code of Civil Procedure, 1908, is directed against the judgment and decree, dated 14.08.2003, in A.S.No.28 of 1996, on the file of the Senior Civil Judge, Tadepalligudem, whereunder and whereby, the judgment and decree, dated 24.06.1996, in O.S.No.392 of 1989, on the file of the Principal District Munsif, Tadepalligudem, dismissing the suit filed by respondent No.1/plaintiff for possession of the plaint schedule property, were set aside and the matter was remanded to the trial Court for fresh disposal. 2. Heard. 3. By virtue of the impugned judgment, the appellate Court remanded the matter to the trial Court for disposal of the case in accordance with law. In this appeal, this Court, by order, dated 19.08.2010, directed the Principal Junior Civil Judge, Tadepalligudem, to appoint an Advocate Commissioner to cause survey of the land in Survey No.323 in the possession of the appellants starting from northern side and prepare a sketch, disclosing the actual extent and if the extent is found to be in excess of Ac.1-00, the excess area shall be shown separately on the southern side. In pursuance of the directions of this Court, the Commissioner inspected the schedule land and filed his report after taking assistance from the Mandal Surveyor. Appellate Court has to adjudicate the dispute involved in terms of Commissioner’s Report; plan attached to it and also considering the other evidence. Hence, the impugned judgment is liable to be set aside. 4. Accordingly, the Civil Miscellaneous Appeal is allowed setting aside the impugned judgment and decree, dated 14.08.2003, in A.S.No.28 of 1996 in O.S.No.392 of 1989, on the file of the Senior Civil Judge, Tadepalligudem, and remanding the matter to the appellate Court. Both the parties are at liberty to file objections, if any, to the Commissioner’s Report before the appellate Court. For that purpose, the appellate Court shall give a reasonable opportunity to both the parties. After filing the objections, the appellate Court shall dispose of the appeal in accordance with law duly taking note of the Commissioner’s Report, along with other evidence available on record and also considering the objections, if any, that may be filed by both the parties. There shall be no order as to costs. _______________ K.C. BHANU, J February 07, 2011 MD THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.4249 OF 2003 February 07, 2011