V.RAMKUMAR
Anjil Vellachi – Appellant
Versus
Mamuni Bhaskaran – Respondent
Supplemental plaintiffs 2 to 8 in O.S.No.79 of 1994 on the file of the Sub Court, Hosdurg are the appellants in this appeal. The said suit was one for fixation of the western boundary of the plaint schedule property which corresponds to the eastern boundary of the defendant's property.
2. The suit was originally filed before the Munsiff's Court, Hosdurg as O.S.No.357 of 1992. While so, that court had issued a Commission and the Advocate Commissioner deputed by the court submitted Ext.A7 report and Ext.A8 plan. Subsequently, after the valuation in the suit was enhanced, the plaint was returned for presentation before the Sub Court, Hosdurg which disposed of the suit as per the impugned decree and judgment. Both sides as well as the court below relied on Exts.A8 report and A9 plan for the purpose of identification of the respective properties.
3. While, according to the plaintiff, the western boundary line of the suit property is
along the line NM in Ext.A8 plan, according to the defendant, the western boundary line is along the line JKL in Ext.A8 plan. The court below, after trial, as per judgment and decree dated 4.7.1997, came to the conclusion that in the light of the
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