JUDGMENT :

Ext.P5 order dated 7.10.2015 in I.A. No.346/2015 in O.S.No.118/2012 on the file of the Munsiff Court, Kochi is the subject matter in this original petition. The petitioner herein is the plaintiff in the above suit. The respondent herein is the sole defendant therein.

2. I shall refer the parties in this petition as 'plaintiff' and 'defendant' hereinafter, for brevity and easy discussion.

3. The brief facts:

The plaintiff filed Original Suit No.118/2002 before the Munsiff Court for fixation of the southern boundary of the plaint 'A' Schedule property based on the title deed, viz. Will deed, executed by his father. The defendant therein is the brother of the plaintiff. The specific case put up by the plaintiff before the trial court is that, as per the Will deed executed by the father, a total extent of 15.300 cents of property owned by the father was allotted to the plaintiff and the defendant by way of a Will. As per the Will deed defendant was given seven cents on the south and 8.300 cents on its north was allotted to the plaintiff with a building. According to the plaintiff, he has been enjoying 8.300 cents with excess land and the building therein.

4. Since the Suit was on