IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE K.C. BHANU C.M.A. No.82 of 2007 Date:27.09.2010 Between: Yadlapalli Venkata Madhusudhana Rao and another .....Petitioners AND Kande Veera Brahmaiah ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU C.M.A. No.82 of 2007 JUDGMENT: 1. This appeal is directed against the decree and judgment dated 20.12.2006 passed by the learned District Judge, Nellore in A.S.No.83 of 2005 whereby and whereunder the decree and judgment of the trial court was set aside and the matter was remanded to the trial court for fresh consideration. Challenging the same, this appeal is filed under Order XLI Rule 23 C.P.C. 2. On a reading of the appeal, it makes clear that remand of the matter to the trial court is not automatic. The appellate court must consider it necessary in the interest of justice to remand the matter. Even if it was assumed that the trial court has not considered the issues in right prospective manner, nothing prevented the appellate court to dispose of the appeal in accordance with law. The appellate court has got full powers to re-appreciate the evidence, since it is the first appellate court and it has got power to deal any question of law and as well as on facts. Therefore, the order of remand is not in accordance with Rule 23 of Order XLI C.P.C. 3. In view of the same, the remand order dated 20.12.2006 passed by the learned District Judge, Nellore in A.S.No.83 of 2005 is set aside and the appellate court is directed to dispose of the appeal after giving due opportunity to both parties, in accordance with law, preferably within a period of two months from the date of receipt of copy of this order. There shall be no order as to costs. _______________ K.C. BHANU, J September 27, 2010 GK/MD THE HON’BLE SRI JUSTICE K.C. BHANU C.M.A. No.82 of 2007 September 27, 2010