Dated this the 2nd day of July, 2024

1. This appeal has been preferred under Section 100 r/w Order XLII Rule 1 of Civil Procedure Code by the respondent in A.S No.169 of 2009 on the file of the II Additional District Judge, Kollam, who is the plaintiff in OS.No.184 of 2004 on the file of the Munsiff Court, Paravoor, against the impugned judgment of the First Appellate Court, partly allowing the appeal.

2. For the purpose of convenience, the parties are hereafter referred to as per their rank before the trial court.

3. The plaintiff is the younger brother of the defendant. Both of them obtained properties from their father. The plaint schedule property having an extent of 14.5 cents situates on the eastern side of the defendant's property, which he obtained as per Exhibit A1 assignment deed dated 2.4.1979. During the life time of their father, no well defined and demarcating boundary separating those properties was put up. While so, in the year 1989, the defendant constructed a residential building in his property. In 2004, the plaintiff filed the present suit for fixation of the western boundary of his property and for consequential injunction, as his attempt to measure the