JUDGMENT

This appeal arises out of the judgment and decree in A.S.No.100 of 2010 on the files of the District Court, Kollam.

2. In the nature of the order this Court proposes that a detailed narration of the facts in the appeal may not be required. O.S.No.236 of 2007 on the files of the Additional Munsiff Court, Kollam is a suit for prohibitory injunction and fixation of boundary. After a full fledged trial, the suit was partially decreed by the Trial Court. Aggrieved, the plaintiff preferred A.S.No.100 of 2010 before the District Court, Kollam with an application to condone the delay of 132 days in filing the appeal. By order dated 12.10.2010, the first appellate court dismissed the application for condonation of delay and consequently, dismissed the appeal as well. Hence, the appellant/plaintiff has preferred the present appeal. On

14.12.2015, the appeal was admitted to file and this court issued notice on the following substantial questions of law :-

i) Whether the court below erred into a finding that the title holder of the property not entitled for getting a decree for fixation of boundary of the property ?

ii) Whether the trial court below is erred into a finding that title ove