J UDGMENT

The challenge in this Original Petition is to Ext.P8 order dated 01.10.2019 in I.A.Nos.2492 and 2918 of 2019 in O.S.No.282/2016 on the file of the Additional Munsiff’s Court, Alapuzha.

2. The petitioners are the plaintiffs in the suit.

The respondent is the defendant. The plaintiffs instituted the Original Suit for permanent injunction against the defendant. The defendant resisted the suit and set up a counter-claim seeking fixation of boundaries seperating his property and the property of the plaintiffs and the pathway in dispute. The Court below issued a Commission. The Commissioner submitted Ext.C1 series mahazar, report and plan. The plaintiffs filed objection to Ext.C1 series as per Ext.P7. They filed I.A.No.2492/2019 to set aside the commission report, mahazar and plan. The defendant filed I.A.No.2918/19 to remit the commission report. The trial Court considered both the applications. The Court refused to set aside the commission report and remitted it on the ground that certain matters sought to be elucidated were not considered by the Commissioner.

3. The plaintif