IN THE HIGH COURT OF JUzsDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO. 73 OF 2007 Between : Ramidi Bhaskara Rao .... APPELLANT A N D Kurra Sai Babu and another. …RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL NO. 73 OF 2007 J U D G M E N T: This Civil Miscellaneous Appeal, is directed against the decree and judgment dated 26.09.2006 in A.S.No.59 of 2003 on the file of the Senior Civil Judge, Bapatla, whereunder and whereby the Judgment and decree dated 13.10.2003 in O.S.No.231 of 2002 on the file of the Principal Junior Civil Judge, Bapatla, were set aside and the matter was remanded to the trial Court for fresh disposal. 2. The brief facts that are necessary for disposal of the appeal may be stated as follows: O.S.No.231 of 2002 on the file of Principal Junior Civil Judge, Bapatla, was filed by the appellant / plaintiff for permanent injunction restraining the defendants and their men from interfering with the plaintiff’s possession and enjoyment of the suit property in any manner whatsoever and for costs of the suit. After hearing both sides, the suit was decreed with costs. Against the said Judgment and decree, the respondents / appellants preferred an appeal in A.S.No.59 of 2003 on the file of Senior Civil Judge, Bapatla, and vide impugned Judgment, the appeal was allowed by the appellate Court, setting aside the judgment and decree in O.S.No.231 of 2002 and the matter is remitted back to the trial Court for fresh disposal after giving opportunity to both sides to let in evidence and also directed to dispose of the case within a period of six months from the date of this Judgment. Aggrieved by the same the appellant preferred this appeal. 3. Heard both sides. 4. The order of remand should not be exercised in a routine and casual manner. The order of remand should indicate sufficient and cogent reason for remanding to trial Court. Under Order XLI Rule 23 CPC, Court if it thinks fit as to the deficiencies in the matter of the disposal of suit by the trial Court, pass order of remand. The appellate Court allowed a petition in I.A.No.603 of 2006 in receiving certain documents of-course subject to proof and relevancy, but at the same time, the appellate Court ought to have examined the witnesses concerned with those documents and resolved the dispute in accordance with law instead of setting aside the decree and Judgment and remanding the case to trial Court. Therefore, the impugned Judgment of remand is set aside, and since the appeal is of the year 2003, the appellate Court is directed to take evidence by giving opportunity to both the parties and dispose of the case as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy this Judgment. 5. With the above directions, the Civil Miscellaneous Appeal is disposed of. There shall be no order as to costs. _______________ K.C.BHANU. J OCTOBER 06, 2010. YVL