S KUMARESAN Vs. K SAKUNTHALA; R VIJAYALAKSHMI; COMMISSIONER, COIMBATORE MUNICIPAL CORPORATION; ANBALAGAN; A DEVARAJ; A BHARATHI

JUDGEMENT

(1.) This Memorandum of Appeal has been directed against the Judgment and Decree dated 28.7.2005 and made in the Appeal in A.S.No.89 of 2004 on the file of the First Additional District Judge, Coimbatore, reversing the Judgment and Decree dated 10.4.2003 and made in O.S.No.3993 of 1996 on the file of the II Additional District Munsif, Coimbatore.

(2.) The appellant is the plaintiff in the suit. The said suit was filed against the defendants/respondents herein for the relief of declaration directing the first defendant/Coimbatore Municipal Corporation, Coimbatore, to assign the suit property in the name of the plaintiff alone and not to the defendants 3 to 7 as user, enjoyer and possessor of the suit property. He had also sought for a consequential relief of injunction restraining the first defendant / Coimbatore Municipal Coimbatore or their men, in any way, assigning the property to anybody except to the plaintiff and not to the defendants 2 to 7. This suit was originally decreed by the Trial court as prayed for.

(3.) In the Appeal filed by the defendants, the Judgment of the Trial Court was reversed by allowing the Appeal.