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O.S No. 15/2024

Case between Soumya M.B vs M.J Xavier regarding mandatory injunction

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-12-06
Duration
approximately-1 day
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court found in favor of the plaintiff, granting her request for a mandatory injunction against the defendant to remove the hoarding display board. The defendant must comply within 15 days.
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
The court found in favor of the plaintiff, granting her request for a mandatory injunction against the defendant to remove the hoarding display board. The defendant must comply within 15 days.
Why Plaintiff Won:
The evidence showed that the plaintiff is the owner of the property and the license for the hoarding has expired.
Losing Side's Weaknesses:
The evidence showed that the plaintiff is the owner of the property and the license for the hoarding has expired.
Supporting Evidence
From the uncontested evidence of PW1, I am of the opinion that the case of the plaintiff stands proved, and that there is no reason to disbelieve the evidence tendered by the plaintiff.

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

Parties

Party Role
Plaintiff
Party Name
Soumya M.B
Party Age
32
Relation
D/o
Party Role
Defendant
Party Name
M.J Xavier
Party Age
60
Relation
S/o
Plaintiffs Documents
29.11.2023 Notice, 25.08.2006 Photocopy of the Agreement
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
P. Suresh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sureshkumar C
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sunil G.P
Appearance Type
Assisting Counsel

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

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Soumya M.B vs M.J Xavier regarding mandatory injunction
Case Code Year
Case between Soumya M.B vs M.J Xavier regarding mandatory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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