THE HON’BLE SRI JUSTICE G.CHANDRAIAH S.A.NOS.253 AND 735 OF 2004 COMMON ORDER The appellants in S.A.No.253/2004 filed the suit in O.S.No.63/1992 on the file of Senior Civil Judge, Kothagudem, Khammam for declaration of title and for injunction, against the Singareni Collieries Company Ltd., in respect of Acs.7-00 in Sy.No.609/2 situate at Yellandu village in Khammam District, A.P., wherein there are 48 mango trees, 10 cashew trees, three tamarind trees and few other trees with specific boundaries mentioned in the suit schedule. By judgment and decree dated 31.12.1999, the said suit was dismissed. Aggrieved by the same, the plaintiffs filed appeal in A.S.No.25/2002 on the file of Additional District Judge, FTC, Khammam. By judgment and decree dated 3.12.2003, the lower appellate court partly decreed the suit to the extent of injunction and rejected the claim of the plaintiffs with regard to title. Aggrieved by the judgment of the lower appellate court in rejecting the claim of the plaintiffs for title, the original plaintiffs filed second appeal in S.A.No.253/2004 and similarly aggrieved by the judgment and decree of the lower appellate court in partly decreeing the suit of the plaintiffs for injunction, Singareni Collieries Company Ltd., which is the original defendant in the suit, filed the other second appeal in S.A.No.735/2004. 2. During the pendency of the appeal, the appellants in S.A.No.253 of 2004 filed a miscellaneous petition in S.A.M.P.No.844/2008 seeking the court to receive (i) plan issued by the Survey department, (2) certificate dated 21.2.2008 and (iii) Pahanies for the year 2007-2008. Their case in that a joint survey was conducted on 19.9.2005 in respect of entire land in the presence of all parties and as per the said joint survey, it was found that the subject land is a patta land and not in the limits of leased land of the respondent. Further, the Tahasildar, Yellandu, in his proceedings L.Dis.No.B/557/2008 dated 21.2.2008, has issued certificate (NOC) by mentioning boundaries, stating that as per the survey, the suit land is not in the limits of leased land of Singareni Collieries Company Ltd., Yellandu and there is no objection in using the land for non-agricultural purpose. It is stated that as per the recent records, the pahanies and other revenue records, i.e., the title deeds and pass books show that the subject land is patta land and respondent has nothing to do with the same. As the joint survey and certificate issued by the M.R.O. are subsequent to the filing of the present second appeals, the present petition is filed to receive the additional documents. 3. Both the counsel submitted that since the joint survey was conducted after the disposal of the original suit and the appeal and during the pendency of the second appeal, the matter may be remitted back to consider the case of the respective parties in the light of the documents now sought to be received by the claimants. 4. Having regard to the above facts and circumstances, the impugned judgments and decrees of both the courts below are set aside and the matter is remitted back to the trial court to receive the additional documents sought to be filed by the plaintiffs and pass judgment afresh, after giving opportunity to both the parties to lead further evidence, within a period of three months from the date of receipt of a copy of this order. Till such time, perpetual injunction granted by the court below shall be continued. 5. Both the second appeals are disposed of accordingly. No costs. ----------------------------- 11—04—2011 AVS