Case Summary
The plaintiffs, Thundiyil Jayaprakash and Ralna Raveendran, filed a suit against the defendants, Othayoth Ashraf and Malayil Moidu, seeking a mandatory injunction to vacate a shop room and payment of outstanding license fees. The defendants were absent during the hearing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction directing the defendants to vacate the shop room and pay Rs.1,41,483/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the plaintiffs' suit in their favor, directing the defendants to vacate the shop room and pay the outstanding license fees.
Why Plaintiff Won:
The plaintiffs established their case, and the defendants were absent and proceeded ex parte.
The plaintiffs established their case, and the defendants were absent and proceeded ex parte.
Losing Side's Weaknesses:
The plaintiffs established their case, and the defendants were absent and proceeded ex parte.
The plaintiffs established their case, and the defendants were absent and proceeded ex parte.
Supporting Evidence
The plaintiffs has established a case in his favour. Since, the defendants are proceeded exparte, the claim of the plaintiffs for a decree of mandatory injunction and realization of license fee stands unchallenged and undisputed.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thundiyil Jayaprakash
- Party Age
- 46
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ralna Raveendran
- Party Age
- 35
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Othayoth Ashraf
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Malayil Moidu
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Licensy Agreement, Copy of Lawyer Notice, Statement of Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Arun Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Mini. K. Koyeri
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendants are directed to vacate the plaintiffs' shop room and remove their belongings.
Evidence:
The defendants are directed by a decree of mandatory injunction to vacate themselves from the plaint schedule shop room by removing all their belongings there from and to handover the key of the scheduled vacant room to the plaintiffs within a period of one month from the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to recover Rs.1,41,483/- towards license fee and Rs.15,500/- as monthly fee.
Evidence:
The plaintiffs are entitled to realize an amount of Rs.1,41,483/- from the defendants @ 12% per annum from 01.12.2024 and is entitled to get an amount of Rs.15,500/- on monthly basis towards license fee from 01.12.2024 which covers the date of suit till date of realization.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
This document evidences the agreement between the parties involved regarding the shop room.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is a formal notice sent by the plaintiff's advocate to the defendants regarding the claim.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides the financial details supporting the plaintiff's claim for the license fee.
Reference:
Ext.A3
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimony from the plaintiff's witness supporting the case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Thundiyil Jayaprakash et al vs Othayoth Ashraf et al regarding mandatory injunction and realization of money.
Case Code Year
Case between Thundiyil Jayaprakash et al vs Othayoth Ashraf et al regarding mandatory injunction and realization of money.