HON’BLE SRI JUSTICE N.V.RAMANA AND HON’BLE SRI JUSTICE K.S.APPA RAO Appeal Suit No.1742 of 2001 and Appeal Suit No.553 of 2007 Date: 21-7-2011 Appeal Suit No.1742 of 2001: Between Konathala Paradesi Naidu … Appellant/Claimant and Special Tahsildar (LA), Revenue Division Visakhapatnam … Respondent/Referring Officer Appeal Suit No.553 of 2007: Between Konathala Satyanarayana … Appellant/Claimant and Special Tahsildar (LA), Revenue Division Visakhapatnam … Respondent/Referring Officer HON’BLE SRI JUSTICE N.V.RAMANA AND HON’BLE SRI JUSTICE K.S.APPA RAO Appeal Suit No.1742 of 2001 and Appeal Suit No.553 of 2007 Common Judgment: (per N.V.Ramana, J.) When these matters came up for hearing, it is represented that these appeal suits are squarely covered by the common judgment of a Division Bench of this Court in A.S.No.809 of 2001 and batch dated 26-3-2009 and the said appeals were allowed as under: “In the absence of any rebuttal and positive evidence to show the presence of the claimants, the award is wholly unsustainable and perverse. If the date of application i.e., 29- 01-1983 is taken into account, it falls well within the time and since the Court below did not determine the market rate, we are of the view that the same has to be considered once again. Accordingly, all the four appeals are allowed and the matters are remitted to the Court below for fresh disposal on merits. It is open for both the sides to produce any fresh evidence and material in support of their claims or objections.” 2. Accordingly, both the appeal suits are also allowed in terms of the said common judgment. No costs. 3. Registry is directed to annex a copy of the common judgment in A.S.No.809 of 2001 and batch, dated 26-3-2009. ______________ N.V.RAMANA, J. _______________ K.S.APPA RAO, J. 21st July, 2011. Ak HON’BLE SRI JUSTICE N.V.RAMANA AND HON’BLE SRI JUSTICE K.S.APPA RAO Appeal Suit No.1742 of 2001 and Appeal Suit No.553 of 2007 (Common Judgment of the Division Bench delivered by NVR, J.) 21st July, 2011. (Ak)