(1.) THIS second appeal arises out of a suit filed in the Court of the District Munsiff of Guntur for a mandatory injunction directing the defendants to remove certain bunds put up by them and for a permanent injunction restraining them from obstructing the flow of surplus water from plaintiffs' land. The defendants resisted the suit on various grounds. A commissioner was appointed to inspect the locality and he prepared certain plans and submitted his reports. Before the trial began, the parties signed and filed a memorandum in court in the following terms: