Case Summary
The plaintiff, Thundiyil Sugunan, filed a suit against the defendants, Othayoth Ashraf and Malayil Moidu, seeking a mandatory injunction to vacate the shop room and the realization of unpaid license fees. The defendants did not appear in court, leading to the plaintiff's claims being unchallenged.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the shop room and realization of Rs.1,41,483/- plus Rs.15,500/- monthly towards license fees.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to vacate the shop room and pay the outstanding license fees.
Why Plaintiff Won:
The plaintiff established a case in his favor and the defendants did not appear to contest the claims.
The plaintiff established a case in his favor and the defendants did not appear to contest the claims.
Losing Side's Weaknesses:
The plaintiff established a case in his favor and the defendants did not appear to contest the claims.
The plaintiff established a case in his favor and the defendants did not appear to contest the claims.
Supporting Evidence
On a perusal of plaint proof affidavit and documents, the plaintiff has established a case in his favor. Since, the defendants are proceeded exparte, the claim of the plaintiff 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. 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 plaintiff within a period of one month from the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- THUNDIYIL SUGUNAN
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- 1OTHAYOTH ASHRAF
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- 2MALAYIL MOIDU
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Licensy Agreement entered in between Sugunan as 1st Party and Othayoth Ashraf and Malayil Moidu as 2nd party, Copy of Lawyer Notice sent by Adv. P. Balagopalan to the defendants.
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
- Plaintiff
- Advocate Name
- Smt. Mini. K. Koyeri
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants are directed to vacate the plaint schedule shop room.
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.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.1,41,483/- and Rs.15,500/- on monthly basis towards license fee.
Evidence:
The plaintiff is 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.
Documents & Evidence
Document Type:
Licensy Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the agreement between the plaintiff and the defendants regarding the license for the shop room.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document evidences the lawyer's communication to the defendants about their obligations.
Reference:
Ext.A2
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 SUGUNAN vs 1OTHAYOTH ASHRAF et al regarding mandatory injunction and realization of money
Case Code Year
Case between THUNDIYIL SUGUNAN vs 1OTHAYOTH ASHRAF et al regarding mandatory injunction and realization of money