VISWANATHA SASTRY, J.

( 1 ) THIS second appeal arises out of a suit filed in the Court of the District munsiff of Guntur for a mandatory injunction directing the defendants to remove certain bunds put up by them and for a permanent injunction restraining them from obstructing the flow of surplus water from plaintiffs land. The defendants resisted the suit on various grounds. A commissioner was appointed to inspect the locality and he prepared certain plans and submitted his reports. Before the trial began, the parties signed and filed a memorandum in court in the following terms:"both parties agreed to abide by the decision of the Honourable Court after personal inspection. The parties are not adducing oral evidence. Documentary evidence can be received. "the District Munsif inspected the locality and placed on record a detailed note of the physical features of the locality, the height and length of the bunds and other relevant matters. On the basis of the commissioner s plans and reports and his own personal inspection, the District Munsif gave judgment for the plaintiffs. A decree was also drawn up in the usual course. Against the decree, the 1st defendant preferred an appeal, bu

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