IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.424 OF 2010 Between: S. Chatharijit Singh and another .....APPELLANTS AND Municipal Corporation of Hyderabad ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.424 OF 2010 JUDGMENT: This Civil Miscellaneous Appeal, under Order XLIII Rule 1 (u) of the Code of Civil Procedure, 1908, is directed against the common judgment and order, dated 03.10.2009, in A.S.No.595 of 2007 and I.A.No.2127 of 2009 in A.S.No.595 of 2007, on the file of II Additional Chief Judge, City Civil Court, Hyderabad, whereunder and whereby, the petition filed to receive copy of the layout plan of Dhanalakshmi Co-operative Housing Society as additional evidence, was ordered and decree and judgment, dated 16.08.2004, in O.S.No.1339 of 2000, on the file of IV Senior Civil Judge, City Civil Court, Hyderabad, were set aside and the matter was remitted to the trial Court for fresh disposal by receiving the copy of the layout plan of Dhanalakshmi Co- operative Housing Society signed by the respondent herein/appellant and by giving opportunity to both the parties to adduce evidence. 2. Heard. 3. As per the lay out plan, the suit schedule property is a park earmarked by Dhanalakshmi Co-operative Housing Society. But, the layout plan of Dhanalakshmi Co-operative Housing Society has not been filed during the trial before the trial Court and therefore, a petition was filed by the respondent herein/defendant to receive the copy of the layout plan of Dhanalakshmi Co-operative Housing Society as additional evidence, on the ground that the said layout plan is not available in the record during the trial. Hence, that petition was ordered. Proper explanation was given for not filing the copy of the layout plan of Dhanalakshmi Co-operative Housing Society during the trial before the trial Court. Therefore, the appellate Court rightly ordered for receipt of copy of the layout plan of Dhanalakshmi Co- operative Housing Society. That document has to be proved in accordance with law and necessary evidence has to be adduced to prove that document. Therefore, the appellate Court rightly remitted the matter to the trial Court for fresh disposal, after giving due opportunity to both the parties concerned. Hence, the impugned common judgment and order needs no interference by this Court. 4. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J September 14, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.424 OF 2010 September 14, 2010