( 1 ) THIS Second Appeal arises out of a suit filed in the Court of the district Munsif 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 plaintiff s 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 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 hon ble Court after personal inspection. The parties are not adducing oral evidence. Documentary evidence can be received. "

( 2 ) 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 first defendant preferred an appeal, but the appea

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