BALAJI CHICKEN CENTRE Vs. R K CHICKEN CENTRE

JUDGEMENT

(1.) THE appellant filed O. S. No. 1208 of 2005 in the Court of Rent Controller-cum-IV Additional Junior Civil Judge, Vijayawada against the respondents for the relief of perpetual injunction, as regards running of a chicken centre at the suit schedule premises. After conducting trial, the trial Court decreed the suit. Aggrieved thereby, the second respondent filed A. S. No. 156 of 2008 in the court of II Additional District Judge, Vijayawada. Through judgment, dated 16. 03. 2009, the lower appellate Court allowed the appeal and remanded the matter to the trial Court, for fresh consideration and disposal. The same is challenged in this Civil Miscellaneous Appeal.

(2.) SRI Mohammed Imran Khan, learned counsel for the appellant submits that the very approach of the lower appellate Court is defective, inasmuch as a specific point was framed as to whether the matter must be remanded. He further submits that the discussion by the lower appellate Court throughout the judgment has centered around the aspect of remand. Learned counsel also submits that none of the findings recorded by the trial Court were found fault with and there was no occasion or basis, for the lower appellate Court for remanding the matter.

(3.) SRI Mavidi Rama Rao, learned counsel for the first respondent, on the other hand, submits that the trial Court did not take into account, the fact that the applications were filed for appointment of Commissioner and for receiving additional evidence and that the matter was remanded to provide an opportunity to the parties to do the needful.