HON’BLE SRI JUSTICE B. CHANDRA KUMAR SECOND APPEAL No.206 of 1999 Date: August 06, 2010 Between: 1. Tammineni Satyanarayana & 9 others. … Petitioners And 1. The State of Andhra Pradesh, rep. by District Collector, Srikakulam, Srikakulam District and 2 others. … Respondents * * * HON’BLE SRI JUSTICE B. CHANDRA KUMAR SECOND APPEAL No.206 of 1999 JUDGMENT: This appeal arises out of the judgment passed in A.S. No.16 of 1994 on the file of the Additional District Judge, Srikakulam, whereby and whereunder the decree and judgment dated 30.9.1991 in O.S. No.8 of 1991 on the file of the Subordinate Judge, Rajam, has been reversed. 2. Originally three suits in O.S. No.88 of 1989, O.S. No.89 of 1989 and O.S. No.8 of 1991 were filed against the respondents 1 and 2 herein claiming right over the backyard of their respective houses. 3. The learned counsel for appellant submitted that the issues involved in all the suits are one and the same and the respondents are also common. It is also submitted that the second appeals i.e., S.A. No.207 of 1999 arising out of A.S. No.88 of 1993 reversing the judgment in O.S. No.88 of 1989 and S.A. No.208 of 1999 arising out of A.S. No.89 of 1993 reversing the judgment in O.S. No.89 of 1989 have been heard together by this Court and the Hon’ble Sri Justice P.S. Narayana, has disposed of those two appeals by order dated 12th December 2007 and remanded the matter to the court of first instance to give an opportunity to both the parties to let in further evidence especially in the light of the provisions of the Madras Land Encroachment Act, 1905 and Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 and decide the matter afresh in accordance with law. 3. The learned counsel for the appellants submits that since the facts and the issues involved in the above second appeals and this appeal are one and the same, and therefore this appeal also may be remanded to the court of first instance with the same directions. 4. In the circumstances, the decrees and judgments in both the suit and appeal are hereby set aside and the matter is remanded to the court of first instance to give opportunity to both the parties to let in further evidence especially in the light of the provisions of Madras Land Encroachment Act, 1905 and Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 and decide the matter afresh in accordance with law. 5. The appeal is allowed to the extent indicated above. No order as to costs. _________________________ B. CHANDRA KUMAR, J Date: August 06, 2010. BSB