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8. Aggrieved by this judgment and decree of the trial court, the respondents approached the High Court of Karnataka in RFA No.497 of 2002. The High Court by its judgment dated 18th June, 2002 allowed the appeal, set aside the judgment and decree of the trial court and remanded the matter to the trial court for fresh disposal in accordance with law. The High Court while remanding the matter observed as under :

"Therefore, keeping in view the submissions made, I deem it desirable that fresh survey is to be carried out in this suit by the Assistant Director of Land Records (hereinafter referred to as `ADLR') by giving notice to both the parties and in their presence the survey is to be made. The appellants are however entitled to produce the records of the survey done earlier as an additional document before the trial Court and after survey, considering the reports of the Surveyor and the additional documents, if any, and if necessary by allowing oral evidence, the trial court shall dispose of the suit in accordance with law."

"1. Whether the respondents prove that the appellant Association have erected temporary sheds on the schedule property subsequent to passing of interim order in the above said suit.
2. Whether the respondents are entitled to the relief of Mandatory Injunction by way of counter claim."

10. After remand and framing of additional issues, both the parties adduced oral evidence and produced additional documents. Pursuant to the directions issued by the High Court in RFA No.497 of 2002, the trial court appointed Assistant Director of Land Records (hereinafter referred to as `ADLR') as Court Commissioner to survey the schedule property in the presence of both the parties. Accordingly, the Court Commissioner conducted survey of the schedule property and submitted his report to the trial court. The Court Commissioner was examined as CW-1 and through him three documents came to be marked as Ex.C1 to Ex.C3.

20. Learned counsel by making a detailed reference to the factual situation has submitted that the boundaries of the land were fixed in the presence of the parties on 3rd March, 2000 by the ADLR. The order of the ADLR was upheld by the Revenue Authorities. The Karnataka Appellate Tribunal dismissed Appeal No.398 of 2001 filed by the appellants on 13th December, 2001. The order of the Tribunal was challenged by the appellants in the High Court of Karnataka in Writ Petition Nos.2661-64 of 2002. The High Court dismissed the aforesaid writ petition by order dated 4th March, 2002. In view of the above, the matter regarding hudbust and fixing of boundaries and rights of interest over the respective portions of the land between the vendors of the appellants on the one hand and the respondents had attained finality.

21. This apart, after the remand of the matter by the High Court in RFA No.497 of 2002, the ADLR again conducted the survey on 25th July, 2003. At that time, the survey showed only 27 constructions in the disputed area i.e. survey No.110/1. Only 16 constructions were in the land belonging to the appellants in survey No.110/2. The survey report of the ADLR clearly demonstrated that the appellants had encroached on the land belonging to the respondents. This had necessitated the amendment to the counter claim for incorporation of the plea for possession of the same. It was next submitted by the learned counsel that the High Court was fully justified in allowing the application under Order VI Rule 17 seeking amendment of the counter claim, the aforesaid application was filed along with RFA No.1732 of 2005. According to the learned counsel, the order passed by the High Court under appeal was fully justified in the interest of justice.