Case Summary
The case involves plaintiffs PK Ummer and AV Nadira seeking a mandatory injunction against defendants Nayeem Ahammed and VM Moosa Koya to vacate the plaint schedule property. The plaintiffs allege that the defendants have failed to vacate the property as agreed after a license agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the property and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendants to vacate the plaint schedule property and granted costs of the suit to the plaintiffs.
Why Plaintiff Won:
The unchallenged evidence of the plaintiffs established their entitlement to the relief sought.
The unchallenged evidence of the plaintiffs established their entitlement to the relief sought.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A18 would show that the plaintiffs are entitled to a decree as prayed for.
Judgment Evidence:
In the result, the defendant in OS 276/2022 is directed by way of mandatory injunction to quit from the plaint schedule property along with his belongings within one month from today failing which the petitioners can execute the same through process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- PK Ummer
- Party Age
- 68
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- AV Nadira
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nayeem Ahammed
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- VM Moosa Koya
- Party Age
- 70
- Relation
- S/o
Plaintiffs Documents
Licence agreement dated 16.08.2012, Copy of lawyer notice, Acknowledgment cards.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.PT Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajisha O
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.BM Shamsudheen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant in OS 276/2022 is directed to quit from the plaint schedule property.
Evidence:
The defendant in OS 276/2022 is directed by way of mandatory injunction to quit from the plaint schedule property along with his belongings within one month from today failing which the petitioners can execute the same through process of law.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant in OS 277/2022 is directed to quit from the plaint schedule property.
Evidence:
The defendant in OS 277/2022 is directed by way of mandatory injunction to quit from the plaint schedule property along with his belongings within one month from today failing which the petitioners can execute the same through process of law.
Documents & Evidence
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
Executed between Nadhira and another and Nayim Ahammed.
Reference:
Ext.A1
Document Type:
Lawyer notice with Postal receipts
Submitted By:
Plaintiff
Relevance:
Sent by Adv.PT Rajesh to Nayeem.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Of the Lawyer notice sent to Nayeem Ahammed.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv.BM Shamsuddin to Adv.PT Rajesh.
Reference:
Ext.A4
Document Type:
Lawyer notice with acknowledgment card and postal receipt
Submitted By:
Plaintiff
Relevance:
Sent by Adv.PT Rajesh to Nayeem Ahammed.
Reference:
Ext.A5
Document Type:
Reply of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv.BM Shamsuddin to Adv.PT Rajesh.
Reference:
Ext.A6
Document Type:
Unclaimed cover with Acknowledgment card and post receipt
Submitted By:
Plaintiff
Relevance:
Sent by Adv.PT Rajesh to Nayeem Ahammed.
Reference:
Ext.A7
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
Executed between AV Abdul Gafoor and VM Moosakoya.
Reference:
Ext.A8
Document Type:
Lawyer notice with Postal receipts
Submitted By:
Plaintiff
Relevance:
Sent by Adv.PT Rajesh to VM Moosakoya.
Reference:
Ext.A9
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Of the lawyer notice sent by Adv.PT Rajesh to Sri.Moosa Koya.
Reference:
Ext.A10
Document Type:
Lawyer Notice with postal receipt
Submitted By:
Plaintiff
Relevance:
Sent by Adv.PT Rajesh to VM Moosakoya.
Reference:
Ext.A11
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Of the notice sent to VM Moosakoya by Adv.PT Rajesh.
Reference:
Ext.A12
Document Type:
Reply of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv.BM Shamsudheen to Adv.PT Rajesh.
Reference:
Ext.A13
Document Type:
Lawyer Notice with postal receipt
Submitted By:
Plaintiff
Relevance:
Sent by Adv.PT Rajesh to Nayeem Ahammed.
Reference:
Ext.A14
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Of the lawyer notice sent by Adv.PT Rajesh to Nayeem Ahammed.
Reference:
Ext.A15
Document Type:
Returned postal cover with acknowledgment card and postal receipt
Submitted By:
Plaintiff
Relevance:
Sent by Adv.PT Rajesh to VM Moosakoya.
Reference:
Ext.A16
Document Type:
Passport
Submitted By:
Plaintiff
Relevance:
Of Palakkandy Ummer.
Reference:
Ext.A17
Document Type:
Passport
Submitted By:
Plaintiff
Relevance:
Of Nadhira Ummer.
Reference:
Ext.A18
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between PK Ummer et al vs Nayeem Ahammed et al regarding mandatory injunction
Case Code Year
Case between PK Ummer et al vs Nayeem Ahammed et al regarding mandatory injunction