M MANI Vs. CUDDALORE MUNICIPALITY

JUDGEMENT

(1.) THE plaintiffs are the appellants before this Court challenging the judgment of the appellate Court dated 29.1.2010 passed in A.S.No.106 of 2006, setting aside the judgment dated 10.10.2005 passed by the Principal District Munsif, Cuddalore, in O.S.No.463 of 2004 and remanding the matter once again under Order 41 Rule 23 and 23-A of CPC, with a direction to receive the additional documents filed by the respondent/first defendant and to frame issues as stated in the judgment, apart from what had been already framed by the trial Court and to give opportunity to the parties to let in their evidence and pass orders in accordance with law, within three months from the date of receipt of a copy of the said judgment.

(2.) THE appellants/plaintiffs sought for a declaration of their title to the suit property and alternatively for recovery of possession of the suit property.

(3.) THE cause of action for the suit arose when in the area earmarked for 'park', the respondent/first defendant started constructing a noon meal centre, a purpose different from what it was reserved for. THE respondent/first defendant committed trespass on 6th December 2003 when it started putting up construction for noon-meal centre, with the financial assistance from MLA Fund. Immediately, the plaintiffs caused a notice to be served on the respondent/first defendant.