Suja v. Avarachan

The second appeal in a suit for recovery of possession, fixation of boundary and injunction was dismissed. The trial court found the suit barred by res judicata regarding boundary fixation, but decreed recovery of a portion of property identified via Advocate Commissioner's report. The appellate court allowed recovery decree and injunction. In appeal, the appellant contended the identification was incorrect as it ignored their property. The Honorble Court dismissed the appeal finding no merit as the procession report left existing pathway and no evidence was produced by the respondents that pathway was part of their property. Thus, the appraisal of evidence was not wrong.