IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT : THE HON’BLE SRI JUSTICE V.SURI APPA RAO SECOND APPEAL.No.88 of 2000 Date:18.02.2011 Between:- Mr.Shaik Ghouse Mohiddin .. Appellant. A N D Syed Khader Bi (Died) and others. .. Respondents. The Court made the following: ORDER: This appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 29.11.1999 in A.S.No.21 of 1990 on the file of learned Senior Civil Judge, Kandukur, whereby the appeal filed by the defendant Nos.2 and 3 in O.S.No.52 of 1984, is allowed; the judgment and decree dated 16.01.1990 in O.S.No.52 of 1984 on the file of learned District Munsif, Kanigiri is set aside. 2. Aggrieved by the judgment and decree passed by the learned Senior Civil Judge, Kandukur in A.S.No.21 of 1990 this appeal is filed by the plaintiff. 3. The learned counsel for the appellant submitted that the learned Senior Civil Judge, Kandukur has misread the evidence of D.W.1 and not properly appreciated the evidence on record, allowed the appeal. 4. It is further submitted that the lease deeds sought to be filed by the appellant clearly indicates that the appellant is in continuous possession and enjoyment of the property. It is further submitted that the documents evidencing possession by the appellant subsequently obtained and not filed before the lower appellate Court. The appellant, therefore, filed a petition to receive additional evidence and the same is numbered as C.M.P.No.1893 of 2000. 5. None appeared for the respondents in this appeal. 6. Since the appellant filed number of documents to prove his continuous possession and enjoyment of the suit schedule property and as the learned Senior Civil Judge, Kandukur has not properly appreciated the evidence available on record and allowed the appeal, it is just and necessary in the interest of justice, without going into merits, to remand the A.S.No.21 of 1990 to Senior Civil Judge, Kandukur with a direction to receive the additional evidence and to dispose of the appeal on merits, within a period of Six months from the date of receipt of a copy of this Order, after giving opportunity to both parties. There shall be no order as to costs. ________________________ V.SURI APPA RAO, J 18th February, 2011 KSP