PELLURU RAMACHANDRAIAH Vs. BYNA PARANDHAMAIAH

JUDGEMENT

(1.) This appeal is filed against the order, dated 21-07-2004, passed by the Special Tribunal constituted under the A.P. Land Grabbing (Prohibition) Act (District Judge), Nellore (for short 'the Tribunal') in LA. No. 1212 of 2003 in L.G.O.P. No. 13 of 1998.

(2.) The appellant filed the L.G.O.P. against the respondents for a relief under the A.P. Land Grabbing (Prohibition) Act, 1982 (for short 'the Act'). The trial of the same commenced. He filed an affidavit in lieu of chief-examination. A Commissioner was appointed to record his cross-examination. The Commissioner submitted a report stating that the appellant is not co-operating, and thereby warrant could not be executed. Taking the same into account, the Tribunal dismissed the O.P., through its order, dated 10-07-2003. The appellant filed I.A. No. 1212 of 2003, under Order IX Rule 9 of C.P.C., to set aside the order, dated 10-07-2003. Through the order under appeal, the Tribunal rejected the LA.

(3.) Sri K. Someswara Kumar, learned counsel for the appellant submits that there was communication gap between the Commissioner appointed to record the cross- examination of P.W. 1, on the one hand, and counsel and parties to the L.G.O.P., on the other. He submits that in case, the Tribunal found that there was any default on the part of P.W. 1, it ought to have eschewed his chief-examination and afforded an opportunity to lead further evidence. He contends that the appellant is compelled to approach this Court, since no appeal is maintainable under sub-section (3) of Section 7-A of the Act against an order passed in LA.