JUDGMENT

This appeal has been directed against the judgment and decree in A.S.No.187/2019 on the file of District Court, Ernakulam which in turn arise out of the final decree passed in I.A.No.3950/1998 in O.S.No.654/1995 on the file of Sub Court, Ernakulam.

2. A.S.No.187/2019 has been dismissed in consequence of dismissal of I.A.No.7550/2019 which was filed under Section 5 of the Limitation Act, 1963 to condone the delay of 597 days in filing the appeal. Appellants are defendants 21, 22 and 25 in O.S.No.654/1995. Their grievance is that trial court appointed an Advocate Commissioner with the assistance of a private surveyor to effect partition as per the preliminary decree and the Advocate Commissioner filed the report and plan which were marked as Exts.C1, C1(a), (b), (c), (d) and (e) reports and appellants filed objections to the Commission report and filed petition to set aside commission report as I.A.No.929 of 2017. Respondents 32 to 37 in the final decree proceedings also filed I.A.No.930/2017 to set aside the commission report. After recording the evidence in the above petitions, the trial court dismissed the petitions and thereafter passed the final decree without giving an