This is a defendant's appeal. The respondent herein was the plaintiff in O.S. No. 3438 of 1980 on the file of the City Civil Judge, Bangalore. He filed a suit against the defendant for declaration of his title, possession and for mandatory injunction and also for mesne profits. The suit filed by the plaintiff was dismissed on merits on 8-1-1988. Being aggrieved by the judgment and decree of the Trial Court dated 8-1-1988, the respondent-plaintiff had filed an appeal before this Court in R.F.A. No. 361 of 1988. The learned Judge of this Court on 25th September, 1998 allowed the appeal in part and set aside the judgment and decree of the Trial Court and remitted the matter to the Trial Court with a direction to appoint a survey Commissioner at the instance of the plaintiff to locate the properties covered under the sale deeds and then to dispose of the matter in accordance with law. This Court also directed the parties to adduce further evidence if any. With the above directions, the appeal was allowed. Pursuant to the directions of this Court, the Trial Court appointed Assistant Director of Land Records and Survey Settlement as Commissioner on the application filed by the plain