Case Summary
The plaintiffs, Samson T George and Babu Mathew, through their attorney, filed a petition seeking a temporary prohibitory injunction. They allege that fraudulent actions were taken regarding properties meant for multi-storeyed apartments and villas.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for interim prohibitory injunction was dismissed. The court found that the plaintiffs failed to establish a prima facie case for the injunction sought.
Key Reasoning:
The respondents demonstrated their lawful possession of the property and that the plaintiffs could not prove fraud or unauthorized occupation.
The respondents demonstrated their lawful possession of the property and that the plaintiffs could not prove fraud or unauthorized occupation.
Why Defendant Won:
The respondents demonstrated their lawful possession of the property and that the plaintiffs could not prove fraud or unauthorized occupation.
The respondents demonstrated their lawful possession of the property and that the plaintiffs could not prove fraud or unauthorized occupation.
Supporting Evidence
The respondents could not alienate the property without title. The plaintiffs suppressed the existence of a joint venture agreement.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Samson T George
- Party Age
- 60
- Relation
- S/o T A George
- Party Role
- Plaintiff
- Party Name
- Babu Mathew
- Party Age
- 66
- Relation
- S/o Late T G Mathew
- Party Role
- Defendant
- Party Name
- Sajeeshkumar
- Party Age
- 49
- Relation
- S/o Krishnan Nair
- Party Role
- Defendant
- Party Name
- Jayasree Santhamma
- Party Age
- 45
- Relation
- W/o Sajeeshkumar
- Party Role
- Defendant
- Party Name
- Arun Kumar K
- Party Age
- 59
- Relation
- S/o A K Raghavan Nambiar
- Party Role
- Defendant
- Party Name
- Official Liquidator, MIR Realtors Pvt. Ltd
Plaintiffs Documents
Power of Attorney executed by the plaintiffs, Sale agreement, construction agreement
Defendants Documents
Order passed by the Hon’ble NCLT, Joint Venture Agreement
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C S Manu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dilu Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C A Anupaman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T B Sivaprasad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C Y Vijaykumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manju E R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anandhu Satheesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Alint Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Paul Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dainy Davis
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Enoch David Simon Joel
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S Sreedev
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rony Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Leo Lukose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Karol Mathews Sebastian Alencherry
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Derick Mathai Saji
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Karan Scaria Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ittoop Joy Thattil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abraham Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anil Abey Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Amal Tom
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vishnuja P M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S Praveen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Soorya B Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Interim injunction restraining the 1st respondent from alienating or encumbering the Q schedule property pending suit.
Evidence:
The petitioners have not made out a prima facie case for grant of the discretionary relief of interim injunction in their favour.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by the 1st plaintiff in favor of Alex Joseph.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by the 2nd plaintiff in favor of Alex Joseph.
Reference:
Ext.A2
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Copy of sale agreement related to the property.
Reference:
Ext.A3
Document Type:
Construction Agreement
Submitted By:
Plaintiff
Relevance:
Copy of the construction agreement related to the property.
Reference:
Ext.A4
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of document no.2319 of 1995 of SRO, Thrikkakara.
Reference:
Ext.A5
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of document no. 2306 of 1995 of SRO, Thrikkakara.
Reference:
Ext.A6
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of document no. 2348 of 1995 of SRO, Thrikkakara.
Reference:
Ext.A7
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True photostat copy of document no. 2797 of 2006 of SRO, Thrikkakara.
Reference:
Ext.A8
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of the notice issued by the Thrikkakara Municipality.
Reference:
Ext.A9
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
True copy of the email sent regarding the Joint Venture Agreement.
Reference:
Ext.A10
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
True copy of the order passed by the Hon’ble High Court of Kerala.
Reference:
Ext.A11
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True copy of the document no. 874 of 2009 of SRO, Thrikkakkara.
Reference:
Ext.A12
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True copy of the document no. 1020 of 2009 of SRO, Thrikkakkara.
Reference:
Ext.A13
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True copy of the document no. 509 of 2010 of SRO, Thrikkakkara.
Reference:
Ext.A14
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True copy of the document no. 1372 of 2010 of SRO, Thrikkakkara.
Reference:
Ext.A15
Document Type:
Permission Certificate
Submitted By:
Plaintiff
Relevance:
True copy of the permission certificate issued in favor of petitioners.
Reference:
Ext.A16
Document Type:
Permission Certificate
Submitted By:
Plaintiff
Relevance:
True copy of the permission certificate issued to petitioners.
Reference:
Ext.A17
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
True copy of the building permit issued by the Thrikkakara Municipality.
Reference:
Ext.A18
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
True copy of the order issued by the Thrikkakara Municipality.
Reference:
Ext.A19
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
True copy of the no objection certificate issued by the Airport Authority of India.
Reference:
Ext.A20
Document Type:
Writ Petition
Submitted By:
Plaintiff
Relevance:
True copy of the writ petition filed by the plaintiffs.
Reference:
Ext.A21
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
True copy of the order passed by the Hon’ble NCLT, Kochi Bench.
Reference:
Ext.B1
Document Type:
Public Announcement
Submitted By:
Defendant
Relevance:
True copy of Form G – Public Announcement.
Reference:
Ext.B2
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
True copy of the order passed by the Hon’ble NCLT, Kochi Bench.
Reference:
Ext.B3
Document Type:
Public Announcement
Submitted By:
Defendant
Relevance:
True copy of Form B – Public Announcement.
Reference:
Ext.B4
Document Type:
List of Creditors
Submitted By:
Defendant
Relevance:
A true copy of the list of creditors of MIR Realtors Pvt. Ltd.
Reference:
Ext.B5
Document Type:
List of Unsecured Financial Creditors
Submitted By:
Defendant
Relevance:
A true copy of the list of unsecured financial creditors of MIR Realtors Pvt. Ltd.
Reference:
Ext.B6
Document Type:
List of Secured Financial Creditors
Submitted By:
Defendant
Relevance:
A true copy of the list of secured financial creditors of MIR Realtors Pvt. Ltd.
Reference:
Ext.B7
Document Type:
Audit report
Submitted By:
Defendant
Relevance:
A true copy of the statutory audit report issued by independent auditor.
Reference:
Ext.B8
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
A true copy of the judgment passed by the Hon’ble High Court of Kerala.
Reference:
Ext.B9
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
A true copy of the judgment passed by the Hon’ble High Court of Kerala.
Reference:
Ext.B10
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
A true copy of the judgment passed by the Hon’ble High Court of Kerala.
Reference:
Ext.B11
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
A true copy of the judgment passed by the Hon’ble High Court of Kerala.
Reference:
Ext.B12
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
A true copy of the judgment passed by CDRC, Thiruvananthapuram.
Reference:
Ext.B13
Document Type:
Order
Submitted By:
Defendant
Relevance:
A true copy of the final order/judgment passed by CDRF, Kottayam.
Reference:
Ext.B14
Document Type:
Joint Venture Agreement
Submitted By:
Defendant
Relevance:
A true copy of the JV agreement executed between the plaintiffs and another land owner.
Reference:
Ext.B15
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Samson T George, Babu Mathew vs Sajeeshkumar, Jayasree Santhamma, Arun Kumar K regarding temporary prohibitory injunction.
Case Code Year
Case between Samson T George, Babu Mathew vs Sajeeshkumar, Jayasree Santhamma, Arun Kumar K regarding temporary prohibitory injunction.