JUDGMENT 1. - Heard learned counsel for the parties.With the consent of the parties, this appeal is being decided finally at the stage at the admission stage itself. 2. Learned counsel for the appellant drew the attention of the court to para Nos. 8, 9 and 10 of the judgment of the learned Lower appellate court wherein the learned lower appellate, court allowed the application filed by the plaintiff-appellant under Order 41 Rule 27 C.P.C. and took on record the documents filed by the plaintiff-appellant and marked them as exhibits. 3. Learned counsel for the appellant has submitted that despite the above fact learned appellate court has not cared to discuss the aforesaid documents and the effect of the said evidence while deciding the appeal on merits. 4. Learned counsel for the defendant-respondent does not dispute the fact that the effect of the aforesaid evidence has not seen discussed by the learned lower appellate court. However, he submits that the defendant-respondent.was never afforded any opportunity to lead evidence in rebuttal with regard to the documents which were ordered to be taken on record while allowing the application under Order 41 Rule 27 C.P.C. 5. In view of the above, I am inclined to set aside the judgment of the learned lower appellate court dated. 26.05.2006 and remand the case for hearing of the appeal afresh by the learned lower appellate court after affording an opportunity to the defendant Municipal Board to lead evidence in rebuttal in support of its case in response to the documents which were taken on record while allowing the application filed by the plaintiff under Order 41 Rule 27 C.P.C. after affording the aforesaid opportunity to the defendant to lead evidence in rebuttal, the learned appellate court shall rehear the appeal and decide the same afresh.-The parties are directed to appear before the learned lower appellate court on 19.12.2007. 6. Learned counsel for the appellant submits that during the pendency of the appeal before the learned lower appellate court there was an order of status quo and even before this court also there was an order of status quo. in view of the above, till the. disposal of the appeal by the learned lower appellate court, the order of status quo shall remain in force.Consequently, this second appeal accordingly stands disposed of. *******