Case Summary
The plaintiff, Soumya M.B, is seeking a mandatory injunction against the defendant, M.J Xavier, to remove a hoarding display board from her property. The plaintiff has informed the defendant to remove the hoarding upon expiration of their license agreement, but the defendant has not complied.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to remove the hoarding display board and allow the plaintiff to remove it with court assistance if non-compliant.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence showed that the plaintiff is the owner of the property and the license for the hoarding has expired.
The evidence showed that the plaintiff is the owner of the property and the license for the hoarding has expired.
Judgment Evidence:
In the result, the suit is decreed as follows: i.The defendant is directed by way of a mandatory injunction to remove the hoarding display board of size 20x20 feet facing Tripunithura route (south-east) from the plaint schedule property within 15 days from the date of this decree.
Parties Involved
Plaintiffs
Soumya M.B (32 years)
Mudakkodil House, Poonithura P.O, Kochi
Defendants
M.J Xavier (60 years)
View point, Vayalasseri Road, Palarivattom, Kochi – 682 025
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to remove the hoarding display board from the plaint schedule property.
Evidence:
The defendant is directed by way of a mandatory injunction to remove the hoarding display board of size 20x20 feet facing Tripunithura route (south-east) from the plaint schedule property within 15 days from the date of this decree.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is permitted to get the board removed with the assistance of the court if the defendant fails to comply.
Evidence:
If the defendant fails to comply with the aforementioned direction, the plaintiff is permitted to get the board removed with the assistance of this court.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to get the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
The notice required the defendant to remove the hoarding display board on expiry of the license.
Reference:
Ext.A1
Document Type:
Photocopy of the Agreement
Submitted By:
Plaintiff
Relevance:
The agreement served as proof of the defendant's permission to erect the hoarding.
Reference:
Ext.A2