A Commission deputed at the trial stage measured out the property and located it by drawing a plan and report, which was accepted by the trial court and decreed the suit for fixation of boundary accordingly. But in the first appellate stage, it was set aside and the matter was remanded back to the trial court for fresh disposal, against which the plaintiff came up in appeal.

During the course of argument, the appellant/

plaintiff sought permission to withdraw the appeal. But having regard to the facts involved in the case, it was refused since the question involved has not been adjudicated in reference to the legal position settled inCheriyanad Grama Panchayath vs. State of Kerala and others [ 2019(5) KHC 699 ], wherein it was laid down that the survey authority has no jurisdiction to re-draw or refix the boundary of any particular property except under the provisions of the Survey and Boundaries Act and re-drawing and re-fixation of any earlier boundary fixed during the re-survey cannot be termed as valid and will not come under the purview of authority given under the provisions of the Act to the re-survey officers. In short, they are not empowered to refix the boundary bas