Case Summary
The case involves Abdul Latheef. E. P as the plaintiff and K. Sivaraj and K. Praveenraj as defendants. The plaintiff is seeking a declaration that a partnership with the defendants has been dissolved and is also requesting for an injunction against them.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Injunction and costs of the proceedings to the plaintiff
Case Type
Civil Suit
Final Judgment
No
The court declared that the partnership deed executed on 20.02.2003 has been terminated and issued an injunction against the defendants from trespassing into the plaint schedule property.
Why Plaintiff Won:
The partnership deed was proven to be terminated and the defendants were unresponsive.
The partnership deed was proven to be terminated and the defendants were unresponsive.
Losing Side's Weaknesses:
The partnership deed was proven to be terminated and the defendants were unresponsive.
The partnership deed was proven to be terminated and the defendants were unresponsive.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the documents produced. The suit is liable to be decreed and I do so.
Judgment Evidence:
In the result, it is hereby declared that the partnership deed entered into 20.02.2003 has been terminated. The defendants, their men and agents are restrained from trespassing into the plaint schedule property. The defendants shall pay costs of the proceedings to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Latheef. E. P
- Party Age
- 59
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- K. Sivaraj
- Party Age
- 60
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- K. Praveenraj
- Party Age
- 43
- Relation
- S/o.
Plaintiffs Documents
Lawyer notice dated 26.08.2023, Lawyer notice dated 18.09.2023, Notice to Kozhikode Municipal Corporation dated 16.02.2023, Partnership agreement executed between plaintiff and one Vijayaraghavan dated 20.09.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. S. Vivek
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sardar Hashmi. M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C. T. Sivanandan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the partnership deed entered into on 20.02.2003 has been terminated.
Evidence:
the partnership deed entered into 20.02.2003 has been terminated.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants, their men and agents are restrained from trespassing into the plaint schedule property.
Evidence:
the defendants, their men and agents are restrained from trespassing into the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendants shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice dated 26.08.2023 informing the second defendant of the revocation of the power of attorney.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice dated 18.09.2023 informing the defendants that the partnership has been dissolved.
Reference:
Ext.A2
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
Returned notice indicating non-receipt by the first defendant.
Reference:
Ext.A3
Document Type:
Tracking Consignment Details
Submitted By:
Plaintiff
Relevance:
Copy of tracking consignment details dated 19.09.2023.
Reference:
Ext.A4
Document Type:
Partnership Agreement
Submitted By:
Plaintiff
Relevance:
Agreement dated 20.09.2023 executed between the plaintiff and Vijayaraghavan.
Reference:
Ext.A5
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice to Kozhikode Municipal Corporation dated 16.02.2023.
Reference:
Ext.A6
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Cash receipt issued from Kozhikode Municipal Corporation dated 20.09.2023.
Reference:
Ext.A7
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Cash receipt issued from Kozhikode Municipal Corporation dated 02.09.2023.
Reference:
Ext.A8
Document Type:
Partnership Agreement
Submitted By:
Plaintiff
Relevance:
Photocopy of the partnership agreement executed between plaintiff and defendants dated 20.02.2003.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Abdul Latheef. E. P vs K. Sivaraj et al regarding declaration and injunction
Case Code Year
Case between Abdul Latheef. E. P vs K. Sivaraj et al regarding declaration and injunction