THE HON’BLE SRI JUSTICE B PRAKASH RAO AND THE HON’BLE SRI JUSTICE R KANTHA RAO C.M.A.MP NO. 505 OF 2010 AND C.M.A.NO. 193 OF 2010 JUDGMENT : (Per Sri Justice B Prakash Rao) Heard the learned counsel appearing for both sides and at their request the main appeal is taken up for hearing. The appellants herein are defendants, who by way of this appeal seeks to assail the orders directing the parties to maintain status quo in I A No. 295 of 2009 in O S No. 37 of 2009 dated 24.4.2009 by the III Additional District Judge, Tirupathi. Briefly stated, the facts of the case are that in the suit filed for permanent injunction, pending the suit the present application has been filed. The claim of the respondents/plaintiffs is to an extent of Ac.0.5 cents in Survey No. 465/2 of 18th ward, K T Road. The plaintiffs state that originally the property belongs to their father Mr Guruswamy Naidu who has acquired the same under a registered partition deed dated 26.8.1978 and subsequent to his death, they became the absolute owners and in view of the interference by the defendants, filed a suit wherein they filed an application seeking injunction. Contesting the same, there is total denial on the part of the appellants about right, title, interest and possession as claimed by plaintiffs, that apart the appellants/defendants came forward with a specific plea as to how they made purchase of the said site under registered sale deeds and relied upon other documents in support of their claim. There is also a reference of a regular civil suit in O.S.No.549 of 1985 on the file of the Principal District Munsif, Tirupathi which has ultimately ended in their favour and the appeal preferred against the same in A.S.No.36 of 1994 on the file of IV Additional District Judge, Tirupathi was dismissed by orders dated 18.1.1999 and further appeal to this Court in S A No. 260 of 2009 was also dismissed by orders dated 2.9.2000. Therefore, according to appellants, the claim of the respondents/plaintiffs is wholly unsustainable. It is their contention that the Court below taking into consideration the respective pleas and the documents marked by both the sides, granted status quo orders, however, it did not go into the basic requirement of prima facie case, balance of convenience and that apart has not recorded any categorical finding as to the possession. It is also contended that the documents filed on behalf of the appellants herein were not considered mainly on the ground that they are only photo copies and originals were not filed. Hence, the appeal. During the pendency of appeal, the appellants herein filed an application under Order 41 Rule 27 of Civil Procedure Code in C.M.A.M.P.No. 505 of 2010 to receive the certified copies of the documents as additional evidence and seeking to mark the same as Ex.B.17 to Ex. B.32. Having heard the learned counsel on either side and particularly having regard to the fact that the documents now sought to be filed as additional evidence are certified copies, and photo copies of the same having been filed before the Court below, there cannot be any objection for receiving the same and necessarily they require to be considered for the purpose of deciding the controversy. Accordingly, C.M.A.M.P. 505 of 2010 is allowed. Since the aforesaid additional documents and other documents are not properly considered and since there is no due consideration in regard to the fact as to which party is in possession, apart from balance of convenience, we are of the view that the matter requires to be re-considered afresh after giving due opportunity to both sides. Accordingly, the appeal is allowed and the matter is remitted back for afresh consideration after giving due opportunity to both the parties. It is needless to mention that the Court below shall consider the matter on its own merits uninfluenced by the observations, if any made by this Court. No costs. _______________ B PRAKASH RAO,J ______________ R KANTHA RAO,J DATE: 29.4.2010 Note: Registry to transmit the certified copies of documents received as additional evidence to Court below. B/o TVK THE HON’BLE SRI JUSTICE B PRAKASH RAO AND THE HON’BLE SRI JUSTICE R KANTHA RAO C.M.A.MP NO. 505 OF 2010 AND C.M.A.NO. 193 OF 2010 Date: 29.4.2010