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Original Suit. No. 452/2024

Case between Satheesh Karunakarakurup vs Sugunavalli.K regarding permanent prohibitory injunction and mandatory injunction

Court
THE COURT OF THE ADDITIONAL MUNSIFF- II, KOZHIKODE
Judge
Smt. Meera John.K
Order Date
2025-01-10
Duration
approximately-2 years 4 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves Satheesh Karunakarakurup as the plaintiff and Sugunavalli.K as the defendant. It is about a dispute over the possession of a property and the breach of a licence agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, directing the defendant to vacate the property and pay damages.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and mandatory injunction for vacant possession and damages.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to vacate the property and pay damages.
Why Plaintiff Won:
The plaintiff proved his case with unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff proved his case with unchallenged evidence.
Supporting Evidence
The evidence of PW1 and the documents produced by him remains unchallenged. As such, I find that the plaintiff had proved him case and is entitled to a decree as prayed for.

Judgment Evidence:

In the result, the suit is decreed as follows:- 1)The defendant is restrained by a decree of permanent prohibitory injunction from residing in the house in the plaint schedule property. 2)The defendant is directed by way of mandatory injunction to surrender vacant possession of the plaint schedule property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Satheesh Karunakarakurup
Party Age
54
Relation
S/o
Party Role
Defendant
Party Name
Sugunavalli.K
Party Age
59
Relation
D/o
Plaintiffs Documents
Original Sale Agreement executed between Plaintiff and defendant, Copy of Lawyer notice, Postal Receipt, Postal acknowledgment Card.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri.Manoj Kumar.M.C
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The defendant is restrained from residing in the house in the plaint schedule property.
Evidence:
The defendant is restrained by a decree of permanent prohibitory injunction from residing in the house in the plaint schedule property.
Relief Type: Mandatory Injunction
Outcome: Granted
Description:
The defendant is ordered to surrender vacant possession of the plaint schedule property.
Evidence:
The defendant is directed by way of mandatory injunction to surrender vacant possession of the plaint schedule property.
Relief Type: Damages
Outcome: Granted
Description:
The defendant is directed to pay Rs.3,000/- per month as damages for unauthorized use and occupation.
Evidence:
The defendant is directed to pay Rs.3,000/- (Rupees three thousand only) per month from 15.07.2023 till he vacates from the property as damages for the unauthorised use and occupation of the house in the plaint schedule property.

Documents & Evidence

Document Type: Original Sale Agreement
Submitted By: Plaintiff
Relevance:
This document substantiates the plaintiff's claim of ownership and the terms of the license agreement with the defendant.
Reference:
Ext.A1
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
This document contains the notice sent to the defendant regarding the termination of the license and the demand for damages.
Reference:
Ext.A2
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
This document proves that the lawyer's notice was sent and acknowledges the notice receipt.
Reference:
Ext.A2(a)
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
This document confirms the receipt of the lawyer's notice by the defendant.
Reference:
Ext.A3

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 Satheesh Karunakarakurup vs Sugunavalli.K regarding permanent prohibitory injunction and mandatory injunction
Case Code Year
Case between Satheesh Karunakarakurup vs Sugunavalli.K regarding permanent prohibitory injunction and mandatory injunction

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Case Filed
Wed, 01/10/2024 - 12:00
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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