JUDGMENT

The plaintiff is the appellant.

2.The plaintiff has filed O.S.No.115 of 2011 before the Subordinate Court, Padmanabhapuram for demarcation and fixation of boundaries of the plaint schedule property as per the plaintiff's document, re-survey plan and through an Advocate Commissioner appointed by the Court with the help of Taluk Surveyor. The plaintiff further prayed for recovery of encroached portions from the defendants 1 and 2. The plaintiff further prayed for a decree for permanent injunction restraining the defendants 1 and 2 from disturbing the peaceful possession and enjoyment of the plaintiff over the suit schedule property.

3.The defendants 1 and 2 who are the contesting parties did not file a written statement and remained exparte.

4. Ten documents were filed on the side of the plaintiff. The power agent of the plaintiff was examined as PW1. An Advocate commissioner was appointed and he filed his report and plan which are marked as Exhibits C1 and C2. After the said exercise, the trial Court decreed the suit as prayed for. The first defendant who had remained exparte before the trial Court had filed A.S.No.35 of 2014 before the Principal District Court, Kanyakumari at