Smt. A. Venkata Lakshmi v. Common order : ( Per Sri GM, J )

Smt. A. Venkata Lakshmi V K. Janardhan THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.S.APPA RAO AS No.1482 of 1997 Common order : ( Per Sri GM, J ) This Appeal is directed against the judgment and decree dated 1-12-1997 in O.P.No.71 of 1996 on the file of the court of the II Additional Subordinate Judge, Ranga Reddy. Brief facts of the case are that the Land Acquisition Officer, Chevella made a reference under section 30 of the Land Acqusition Act to the trial Court to determine the title dispute in respect of the land admeasuring Ac.1.14 guntas in Sy.No.17 situated at Katedan Villlage, R.Nagar Mandal, which was acquired for formation of inner ring road. When the appeal is taken up for consideration, learned counsel for the appellant fairly contended that without any service of notice on the appellant in the O.P. the trial Court decided the O.P. itself. It is seen from the record that the 1st appellant (since died ) is claimant no.9 and according to him, he was not served with any notice though his name was included in the O.P. and the trial Court proceeded with the matter and disposed of the same by its impugned judgment. In the circumstances, without expressing any opinion on the merits of the matter, to meet the ends of justice, the impugned judgment passed by the trial Court is set aside and the matter is remitted back to the trial Court with a direction to decide the matter as to the entitlement of the appellant right in the property by giving an opportunity of hearing to the appellant and other parties. In the result, the appeal is disposed of accordingly. No costs. GHULAM MOHAMMED, J K.S. APPA RAO, J Date 13-2-2012 Kk/ THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.S. APPA RAO ] AS N o. 1482 of 1997 13-2-2012