Case Summary
Pandikasala Suhara is seeking a mandatory injunction to vacate the plaint schedule property from Salman Faris.K. The plaintiff alleges that the defendant is unlawfully occupying the property after the expiration of a license agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to remove goods and vacate the plaint schedule property within 30 days.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to vacate the property within 30 days and pay the costs of the proceedings.
Why Plaintiff Won:
The evidence of the plaintiff was unchallenged and supported by her testimony as owner of the property.
The evidence of the plaintiff was unchallenged and supported by her testimony as owner of the property.
Losing Side's Weaknesses:
The evidence of the plaintiff was unchallenged and supported by her testimony as owner of the property.
The evidence of the plaintiff was unchallenged and supported by her testimony as owner of the property.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1. The evidence of the PW1 remains unrebutted, entitling her to a decree as sought for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is hereby directed to remove his goods and articles from the plaint schedule property and vacate the same within 30 days from the date of this decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pandikasala Suhara
- Party Age
- 54
- Relation
- W/o.Madan kunnan
- Party Role
- Defendant
- Party Name
- Salman Faris.K
- Party Age
- 24
- Relation
- S/o.Kasim
Plaintiffs Documents
Copy lawyer notice to defendant, Thapal Receipt, Returned Registered cover with acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.G.Anoop Narayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sivaramakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The plaintiff sought a mandatory injunction directing the defendant to vacate the plaint schedule property.
Evidence:
The suit is liable to be decreed and I do so.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant is directed to pay the costs of the proceedings to the plaintiff.
Evidence:
The defendant is directed to pay the costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was produced as evidence to support the plaintiff's claim for mandatory injunction.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document was produced as evidence to show the submission of the lawyer notice.
Reference:
Ext.A1(a)
Document Type:
Returned Registered Cover
Submitted By:
Plaintiff
Relevance:
This document was produced to confirm the delivery of the lawyer notice to the defendant.
Reference:
Ext.A1(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Pandikasala Suhara vs Salman Faris.K regarding mandatory injunction
Case Code Year
Case between Pandikasala Suhara vs Salman Faris.K regarding mandatory injunction