B. PRAKASH RAO, J. ( 1 ) HEARD the learned counsel appearing on either side and at their request, the main appeal itself is taken up for disposal. ( 2 ) THIS appeal is at the instance of the defendant against the final decree passed in i. A. No. 83 of 1999, dated 28-8-2000, on the file of the Senior Civil Judge, Madanapalle. ( 3 ) FEW facts which are necessary for disposal of this appeal are that in the suit filed by the respondent herein for the relief of partition and separate possession, preliminary decree was passed as long back as in the year 1979 and in pursuance of which, final decree proceedings were subsequently taken up in I. A. No. 83 of 1999, wherein a commissioner was appointed and the commissioner has filed his report. Further, it is the case of the counsel appearing on either side that they have filed objections to the said report. However, the main complaint on behalf of the appellant is that the Court below disposed of the matter by mere passing final decree without there being any judgment or finding on merits. ( 4 ) HAVING considered the submissions made and on perusal of record, it is to be noticed that the docket proceedings, dated 21-07-2000 reads as follows:"objections not filed. Final decree is passed for Rs. 12,62,150-90 ps. For payment of Court Fee finally, call on 28-7-2000. "the docket proceedings, dated 28-7-2000 reads as follows: "for payment of Court fee finally, adjourned to 18-8-2000" finally, the docket proceedings, dated 18-8-2000 and 29-8-2000 reads as follows: "payment of Court fee finally. Rs. 15,126-00 is paid by way of Court fee Stamps on 10-8-2000. C. F. paid rs. 15,126/- is correct as per C. F. Act. " "court fee paid Rs. 15,126/- and the same is correct. Final decree is passed for Rs. 12,62,150-40 ps. " from the above, it is quite apparent that the matter appears to have been not heard. Even otherwise, there is no judgment delivered and yet final decree is stated to be passed immediately after payment of court fee as directed. In a suit of this nature, the question of mere depositing Court fee does not arise without there being any judgment as such. Even otherwise, there is no judgment delivered and yet final decree is stated to be passed immediately after payment of court fee as directed. In a suit of this nature, the question of mere depositing Court fee does not arise without there being any judgment as such. ( 5 ) DURING the course of arguments, it is represented by the learned counsel for the appellant that even though he sought for the certified copy of the judgment on the even date, however, the same was returned stating that no fair order is available in the record. From the above, it is clear that there is no judgment either passed or available on record. Therefore, question of preparing any decree as such does not arise. ( 6 ) IN the above circumstances, the appeal is allowed and the matter is remitted to the court below. Since the appellant has paid the Court fee, the Court below is directed to dispose of the matter afresh on merits in accordance with law within a period of three months from the date of receipt of a copy of this judgment after giving notice and opportunity to both sides. No costs.