IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU C.M.S.A.No.27 OF 2011 Date:30.08.2011 Between:- B.Samya ..Appellant/D-1 And B.Thavurya and another .. Respondents JUDGMENT:- This Civil Miscellaneous Appeal, under Section 100 of the Code of Civil Procedure, 1908, (for short, “C.P.C.”) is directed against the order, dated 11.05.2011, in A.S.No.01 of 2011 on the file of the Agent to Government at Khammam. 2. Respondent No.1/plaintiff filed O.S.No.5 of 2003 on the file of the Agency Divisional Officer and RDO at Kothagudem for perpetual injunction restraining the appellant and respondent No.2 herein/defendants and their men from interfering with the peaceful possession and enjoyment of the plaint schedule property and the same was decreed. Challenging the same, defendant No.1 filed A.S.No.01 of 2011 and the appellate authority passed the impugned order as hereunder: “The grounds of appeal filed before me on the orders of the Agency Divisional Officer, Kothagudem in O.S.No.05/2003, dt:30.01.2011 are insufficient and hereby the appeal is rejected.” 3. The way in which the appeal was disposed of by the appellate authority is totally unsatisfactory because the order does not contain any reasons. Right to reason is indispensable part of sound judicial system. Aggrieved party must know for what reason, the decision went against him. The appellate authority has not formulated the points for consideration and has not appreciated the evidence adduced by both the parties. Since the appellate authority is the first appellate Court, it has to appreciate the evidence both on questions of fact as well as on law. That exercise has not been undertaken by the appellate authority. Therefore, the impugned judgment is set aside and the matter is remanded to the appellate Court to hear the appeal and dispose of the same in accordance with law, after giving opportunity to both the parties. 4. Accordingly, the Civil Miscellaneous Second Appeal is allowed. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 30th August, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU C.M.S.A.No.27 OF 2011 Date:30.08.2011 AMD