SANNAPU REDDY VENKATA REDDY Vs. JILLELA BHUPAL REDDY

JUDGEMENT

(1.) This appeal is by the defendant in O.S.No.179 of 2008 on the file of the II Additional Senior Civil Judge, Nandyal. The said suit, filed for declaration of title and permanent injunction, was dismissed by the trial Court under its judgment and decree dated 23.07.2012. Aggrieved thereby, the plaintiffs preferred an appeal, being A.S.No.24 of 2012, before the III Additional District Judge, Kurnool at Nandyal. The lower appellate Court has considered the appeal and on finding that the trial Court has not discussed Exs.A1, A2, A7, A12 and A13 and the registered gift deed dated 11.05.1968, the judgment of the trial Court was set aside and the suit was remitted under judgment dated 24.12.2012. Questioning the order of remand, this appeal is preferred by the defendant.

(2.) Heard Mr. O. Manoher Reddy, learned counsel for the appellant/defendant and Mr. S. Lakshmi Narayana Reddy, learned counsel for the respondents/plaintiffs.

(3.) As mentioned above, the order of remand by the lower appellate Court is only on the ground that there is no discussion by the trial Court on the aforementioned documents. During the hearing of this appeal, I have seen the judgment of the trial Court and the trial Court has referred to Exs.A1 and A2 in para 36 and Exs.A7 to A17 were noticed in para 54 and further findings are found paras 59 and 60. While it is true that the trial rejected Exs.A1 to A17 for the reasons given by it, it cannot be said that there is no consideration of the said evidence by the trial Court. If the consideration by the trial Court is not approved by the lower appellate Court, since the lower appellate Court has got same powers as that of the trial Court, it is open for the lower appellate Court to deal with the questions of law and fact and come to its own conclusions.