1. This petition under S.115 of the Code of Civil Procedure is by the defendant in O.S. No. 25 of 1988. Upon an application by plaintiff who is the respondent to this petition a commission was appointed under Rule 9 of Order 26 of the Code of Civil Procedure (hereinafter referred to as the Code) for the purpose of measuring and demarcating the property in the suit. The commission visited the property on 25-6-1989 and filed his report with a plan, on 30-1-1990. The defendant filed LA. No. 2893 of 1990 and prayed that the report of the commissioner and the plan, be set aside. The learned Munsiff, Kayamkulam, dismissed the application. The order of dismissal of LA. No. 2893 of 1990 is impugned by the defendant.

2. The facts giving rise to this petition are briefly as under:

O.S. No. 25 of 1988 is for fixation of boundary between the properties in schedule A and B which belong respectively to the plaintiff and the defendant. The evidence of the Commissioner and the surveyor was led in the application. The property in schedule A consists of survey No. 545/7 and 547/8-A and the property in schedule B consists of survey Nos. 547/8,545/7 and 544/9- A. The main grievance of the de