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ORIGINAL SUIT No. 306/2024

Case between Ashokan.P vs Salman Haris regarding mandatory injunction and recovery of arrears of license fee.

Court
COURT OF ADDITIONAL MUNSIFF -II
Judge
Smt.ANJALI. P
Order Date
2025-11-12
Duration
approximately-2 years 1 month
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff Ashokan.P filed a suit against the defendant Salman Haris for mandatory injunction and for the realization of arrears of license fee and damages for use and occupation. The defendant had not adhered to the license agreement concerning the use of the property.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed with a mandatory injunction against the defendant to vacate the plaint schedule property and pay arrears of license fee.
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate the plaint schedule property within 45 days and pay Rs.60,000 with interest to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed with a mandatory injunction against the defendant to vacate the plaint schedule property and pay arrears of license fee.
Why Plaintiff Won:
The plaintiff provided unrebutted evidence of ownership and licensor-licensee relationship.
Losing Side's Weaknesses:
The plaintiff provided unrebutted evidence of ownership and licensor-licensee relationship.
Supporting Evidence
The PW1 has deposed in tune with the plaint averments. The period of license agreement has expired, and hence, the plaintiff is entitled to a decree of mandatory injunction as prayed for.

Judgment Evidence:

In the result, suit is decreed as follows: 1. Defendant is directed by a mandatory injunction to vacate the plaint schedule property within 45 days from today failing which the plaintiffs shall be at liberty to execute the same through the process of court and realise the costs for the same from the defendant.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Ashokan.P
Party Age
68
Relation
S/o
Party Role
Defendant
Party Name
Salman Haris
Relation
S/o
Plaintiffs Documents
Copy of Lawyer notice dated 13.03.2024, Postal Receipt.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. K.P.Gangadharan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Govind.K
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri.D.Mohandas
Appearance Type
Main Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Defendant is directed by a mandatory injunction to vacate the plaint schedule property within 45 days.
Evidence:
Defendant is directed by a mandatory injunction to vacate the plaint schedule property within 45 days from today failing which the plaintiffs shall be at liberty to execute the same through the process of court and realise the costs for the same from the defendant.
Relief Type: Damages
Outcome: Granted
Description:
The defendant shall pay Rs.60,000/- to the plaintiff with interest at the rate of 6 per cent from the date of suit till the date of realisation.
Evidence:
The defendant shall pay Rs.60,000/- to the plaintiff with interest at the rate of 6 per cent from the date of suit till the date of realisation.
Relief Type: Damages
Outcome: Granted
Description:
The defendant shall pay Rs.10,000/- per month from the date of suit till the date of surrender of plaint schedule property.
Evidence:
The defendant shall pay Rs.10,000/- per month from date of suit till the date of surrender of plaint schedule property on payment of court fee under section 23 (C) of the Kerala Court Fees and Suits Valuation Act.
Relief Type: Costs
Outcome: Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiffs.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiffs.

Documents & Evidence

Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Exhibit A1 series is the office copy of the lawyer notice dated 13.03.2024 along with postal receipt.
Reference:
A1 series
Document Type: Notice returned unserved
Submitted By: Plaintiff
Relevance:
Exhibit A2 is the notice returned unserved.
Reference:
A2

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 Ashokan.P vs Salman Haris regarding mandatory injunction and recovery of arrears of license fee.
Case Code Year
Case between Ashokan.P vs Salman Haris regarding mandatory injunction and recovery of arrears of license fee.

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Case Filed
Thu, 02/01/2024 - 12:00
Case Closed
From
Mon, 09/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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