THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR SECOND APPEAL No.991 of 2010 Date:21.2.2011 Between: Mohd Ikramuddin and others. ………..Appellants. And State of A.P., though District Collector, Mahaboobnagar and others. ………Respondents. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR SECOND APPEAL No.991 of 2010 JUDGMENT: Learned Government Pleader for Arbitration appearing for the respondents submits that originally the appellant herein filed a suit for declaration, title and recovery of possession and the suit was decreed and challenging the same, the State of A.P., preferred an appeal. The Appellate Court, having considered all the aspects, remanded the case to the trial Court for fresh consideration and since it is a case of remand, the appellants ought to have preferred C.M.A., and, consequently, the appeal is not maintainable under Order 43, Rule 1 CPC. There appears considerable force in the contention of the learned Government Pleader for Arbitration. Accordingly, the Second Appeal is dismissed. However, the appellants may file fresh C.M.A, if they are so advised. Office is directed to return the entire papers i.e., the judgment and decree of the lower Court etc to the appellants enabling them to prefer C.M.A. ______________________ Justice B.Chandra Kumar Date:21.02.2011 mrb