Fortunately, for this Court, now the Commissioner deputed by this Court has filed a report showing the boundaries between the two plots i.e. of the plaintiff and the defendants in the respective suits. The appellant's suit was one for injunction while the respondents' suit was one for fixation of boundary. The appellant's suit was dismissed and was confirmed in appeal from which the second appeal arises. The respondents' suit was decreed and the appellant's appeal before lower court was dismissed against which also the appellant has filed an appeal. 2. Sri.A.Balagopalan, Advocate Commissioner who was deputed by the court below at the instance of the parties was again deputed to determine the survey boundary between the properties and the Commissioner has filed a report dated 07.04.2014 showing the survey boundary between the properties. It is also stated that in pursuance to the further
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orders passed by this Court, the trees found on the properties were cut and removed and they were sold in auction and the amount is retained by the Commissioner. It is also pointed out that the boundary wall has also been put up along the boundary shown by the Commissioner in his report referred to earlier. The construction of the boundary wall was under the supervision of the controller. Except for the distribution of the amount as pointed out by the Commissioner in his report, nothing more remains to be done and considered in these appeals.
Sri.P.G. Parameswara Panicker, learned counsel appearing for the appellant pointed out that he has no objection to the apportionment of the amount shown by the Commissioner in his report regarding the trees cut and removed from the properties. Accepting the same, Rs.29,612/-, out of the amount kept by the Commissioner, is directed to be paid to the respondents and a sum of Rs.1,388/- is directed to be paid to the appellant in these appeals. The appellant is directed to pay an additional sum of Rs.10,000/- to the Commissioner as remuneration. The Commissioner's report and plan are recorded and it is also
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recorded that in pursuance to the commission report, compound wall has been constructed along the boundary determined by the Commissioner. To that extent, the judgment and decree of the lower court shall stand set aside.
These appeals are disposed of as above.
Sd/-
P.BHAVADASAN JUDGE smp // True Copy // P.A. to Judge.