Case Summary
The case involves Shylesh Kumar as the plaintiff seeking enforcement of a mandatory injunction for certificates from the defendants, Kunji Tharuvayi Memorial Charitable Trust and others. The execution petition was dismissed on the grounds of limitation as per the court's findings.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
The execution petition was dismissed due to being time-barred. The court found that the execution petition was filed after the limitation period had expired as per the provisions of the Limitation Act.
Key Reasoning:
The execution petition was found to be time-barred under Article 135 of the Limitation Act as it was filed beyond the stipulated timeline for enforcement of the decree.
The execution petition was found to be time-barred under Article 135 of the Limitation Act as it was filed beyond the stipulated timeline for enforcement of the decree.
Why Defendant Won:
The execution petition was found to be time-barred under Article 135 of the Limitation Act as it was filed beyond the stipulated timeline for enforcement of the decree.
The execution petition was found to be time-barred under Article 135 of the Limitation Act as it was filed beyond the stipulated timeline for enforcement of the decree.
Supporting Evidence
The decree of mandatory injunction to the petitioner is not under challenge before the Honourable High Court of Kerala. Thus, the present execution petition is barred by limitation.
Judgment Evidence:
In the result the Execution petition is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shylesh Kumar
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kunji Tharuvayi Memorial Charitable Trust
- Party Age
- 55
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Principal, KMCT Medical College
- Party Role
- Defendant
- Party Name
- Mr.Najeeb Yousaf
- Party Age
- 47
- Party Role
- Defendant
- Party Name
- Mr.Shafeeque Mattummal
- Party Age
- 48
- Party Role
- Defendant
- Party Name
- Dr.K Moidu
- Party Age
- 85
- Relation
- S/o
Plaintiffs Documents
Decree of mandatory injunction
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.C.Sunil Sreenivas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Anand Kumar VK
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
To direct the respondents to issue the relieving order, experience certificate and tax deduction certificate.
Evidence:
the Hon’ble Appellate Court confirming the relief of mandatory injunction
Documents & Evidence
Case Classification
Case Type
Execution Petition
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Shylesh Kumar vs Kunji Tharuvayi Memorial Charitable Trust et al regarding enforcement of mandatory injunction and execution of decree.
Case Code Year
Case between Shylesh Kumar vs Kunji Tharuvayi Memorial Charitable Trust et al regarding enforcement of mandatory injunction and execution of decree.