Case Summary
The plaintiffs are seeking a mandatory injunction to direct the defendant to vacate a shop room and restore it to its original condition. The defendant has failed to vacate the premises after the license was terminated, causing loss to the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction directing the defendant to vacate the shop room and hand over the key to the second plaintiff within a month.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed with costs, ordering the defendant to vacate the shop room and return the keys to the second plaintiff.
Why Plaintiff Won:
The case of the plaintiff succeeds as the defendant was absent and the claims remained unchallenged.
The case of the plaintiff succeeds as the defendant was absent and the claims remained unchallenged.
Losing Side's Weaknesses:
The case of the plaintiff succeeds as the defendant was absent and the claims remained unchallenged.
The case of the plaintiff succeeds as the defendant was absent and the claims remained unchallenged.
Supporting Evidence
Since, the defendants are proceeded exparte the case of the plaintiff remain unchallenged and undisputed.
Judgment Evidence:
In the result, the suit is decreed with costs. A mandatory injunction is passed directing the defendant to vacate the plaint B schedule shop room and also to remove all the articles belonging to him from the shop room and to hand over the key of the said shop room to the 2nd plaintiff within a period of one month from the date of passing of the decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Adikkuniyil Naseera
- Party Age
- 44
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Easakkuniyil Jaseela
- Party Age
- 39
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Easakkuniyil Jamseena
- Party Age
- 29
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sivaram
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Assignment Deed No. 2063/2008, Settlement Deed No. 1880/2011, Settlement Deed No. 1881/2011, Settlement Deed No. 1882/2011, License Agreement entered in between Nazeera, Jaseela and Jamseena.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Siju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Muhammad Ali. E. K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendant to vacate the plaint B schedule shop room and remove all articles.
Evidence:
A mandatory injunction is passed directing the defendant to vacate the plaint B schedule shop room and also to remove all the articles belonging to him from the shop room and to hand over the key of the said shop room to the 2nd plaintiff within a period of one month from the date of passing of the decree.
Documents & Evidence
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document establishes ownership of the plaint B schedule shop room by the plaintiffs.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document is relevant to outlining agreements pertaining to the property.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document provides additional context on property agreements relevant to the case.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document relates to the settlement agreements involving the property.
Reference:
Ext.A4
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
This document indicates the terms under which the defendant was allowed to occupy the shop room.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document shows that a notice was sent to the defendant regarding the property issue.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending legal communication to the defendant.
Reference:
Ext.A7
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document confirms receipt of the legal notice by the defendant.
Reference:
Ext.A8
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document authorizes Muhammad to act on behalf of the plaintiffs in this matter.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Adikkuniyil Naseera et al vs Sivaram regarding Mandatory injunction
Case Code Year
Case between Adikkuniyil Naseera et al vs Sivaram regarding Mandatory injunction