Case Summary
M/s. Attukal Shopping Complex Pvt. Ltd filed a suit against the City Corporation of Thiruvananthapuram seeking a permanent injunction. The plaintiff alleges that the defendant is wrongfully renewing D&O licenses for former licensees without the required consent after termination of their licenses.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by the plaintiff, stating that the plaintiff is not entitled to the reliefs as prayed for. The claim of the plaintiff was deemed insufficient based on the presented evidences.
Key Reasoning:
The court found that the plaintiff did not prove the necessary facts to support the claim for relief as the suit was dismissed for lack of evidence.
The court found that the plaintiff did not prove the necessary facts to support the claim for relief as the suit was dismissed for lack of evidence.
Why Defendant Won:
The court found that the plaintiff did not prove the necessary facts to support the claim for relief as the suit was dismissed for lack of evidence.
The court found that the plaintiff did not prove the necessary facts to support the claim for relief as the suit was dismissed for lack of evidence.
Supporting Evidence
Upon a meaningful reading of the pleadings and a review of the evidence on record, it can be seen that the plaintiff by indulging in suppressio veri and suggestio falsi and through clever drafting, have tried to mislead this Court by creating the illusion of a cause of action against the defendant.
Judgment Evidence:
In the result: The suit is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Attukal Shopping Complex Pvt. Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- City Corporation of Thiruvananthapuram
Plaintiffs Documents
Original land tax receipt dated 30.03.2022, Original land tax receipt dated 15.02.2021, Original License Deed dated 04.02.2023, Original License Deed dated 22.09.2022, Original License Deed dated 01.11.2022, Original License Deed dated 16.03.2022, Original License Deed dated 17.10.2022, Original License Deed dated 10.10.2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.R. Anandakuttan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Rajeev
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
A decree of permanent prohibitory injunction restraining the defendant from issuing D&O licenses to former licensees.
Evidence:
In light of the discussions in the foregoing point, this court is of the view that the plaintiff is not entitled to get the reliefs as prayed for.
Documents & Evidence
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original land tax receipt used to prove ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original land tax receipt used to support the plaintiff's claim.
Reference:
Ext.A1(a)
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
Original License Deed outlining terms and conditions for one of the licensees.
Reference:
Ext.A2
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
Original License Deed outlining terms and conditions for another licensee.
Reference:
Ext.A3
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
Original License Deed outlining terms and conditions for yet another licensee.
Reference:
Ext.A4
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
Original License Deed for another individual licensee.
Reference:
Ext.A5
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
Original License Deed for another licensee.
Reference:
Ext.A6
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
Original License Deed for another individual licensee.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2023