THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD APPEAL SUIT Nos.1228 & 1261 of 1999 & TRANSFER APPEAL SUIT Nos.3138 & 3139 of 1999 COMMON JUDGMENT: (Per Hon’ble Sri Justice B.Prakash Rao) Heard learned counsel for the appellants and the learned counsel appearing for the respondents. All these matters, though in fact, are at interlocutory stage, having regard to the larger questions involved it is felt desirable that all the main appeals can be heard and disposed of together. After hearing the appellants, a learned single Judge of this Court has referred these matters to the Division Bench to consider the aspect of jurisdiction and competence of this Court in dealing with these appeals in the light of the order already made by this Court in A.S.No.1717 and 1765 of 1999 and Tr.CMPs.137, 138, 139 and 140 of 2000 on 17-07-2008. Therefore, we have heard only on that aspect. Appellants herein have initially filed two civil suits in O.S.No.79 of 1984 and 520 of 1980 for the relief of declaration and injunction against the respondents herein. However, they were transferred and re-numbered as O.S.No.1 of 1995 and 2 of 1995. Earlier, two petitions were filed in L.G.O.P.Nos.2 of 1990 and 3 of 1990 seeking eviction of the respondents from the petition schedule property and for delivery of possession; for compensation of Rs.5000/- and also for mesne profits of Rs.1000/-. Ultimately, all these matters were taken up and though it appears the evidence was recorded before the civil Court, the same was taken up for consideration and the lelarned District Judge, Kadapa disposed of all the four matters by a common judgment and decree, dated 11-12-1998. As against the judgment and decree in O.S.No.1 of 1995 appellants have filed A.S.No.1261 of 1999 and as against the judgment and decree in O.S.No.2 of 1995 the appellants have filed A.S.No.1228 of 1999 before this Court. The main objection raised across the bar is as to the jurisdiction and competence of this Court in dealing with these appeals in the light of the order already made by this Court in A.S.No.1717 and 1765 of 1999 and Tr.CMPs.137, 138, 139 and 140 of 2000, dated 17-07-2008. Having heard the learned counsel and also perusing the record, it appears the appellants preferred these appeals before this Court under the bona fide impression that the appeals would lie to this Court under Section 96 of the Code of Civil Procedure. However, in the light of the clear language of Section 7-A sub-Section 3 and sub-Section 6 of the A.P.Land Grabbing (Prohibition) Act, 1982 ( for brevity, ‘the Act’) despite the fact that the learned District Judge, Kadapa tried these matters as Original Suits on transfer and since these matters were tried along with L.G.O.Ps, it should be taken as judgment delivered by the Special Tribunal and as against such judgments, orders or decrees in the light of the language of Section 7-A of the Act, appeals would lie to the Special Court as Appellate Court. In the circumstances, following the order, 17-07-2008, in A.S.Nos.1717 and 1765 of 1999 and Tr.CMPs.137, 138, 139 and 140 of 2000, passed by a learned single Judge of this Court, we hold that all the appeals have to be sent back to the said Court under the provisions of the Act. Accordingly, all these four appeals be transferred back to the Special Court for disposal on merits and in accordance with law. We also make it clear that if any applications filed or pending, the same may also be disposed of on own merits in accordance with law after hearing both sides. As rightly suggested by both the leaned counsel and to avoid any further delay or inconvenience, both the parties are directed to appear on 06-09-2010 at 10.30 a.m. before the Special Court and on their appearance and on receipt of the entire record, the Special Court shall dispose of the same within a period of three months thereafter. Accordingly, all these appeals are disposed of. There shall be no order as to costs. ____________________________ JUSTICE B.PRAKASH RAO _______________________________ JUSTICE G.BHAVANI PRASAD 03rd August, 2010 Tsy