Case Summary
This case involves petitioners Samson T. George and Babu Mathew seeking a temporary injunction against respondents Arun Kumar Karerat and Sujith Chembil Kunnuth regarding ownership of certain properties. The plaintiffs claim the defendants are unlawfully occupying their property based on forged agreements.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petitioners' request for a temporary injunction, lifting the previous ad-interim order. The court found that the second defendant has a prima facie case in their favor based on the joint venture agreement.
Key Reasoning:
The prima facie case and balance of convenience is in favor of the second defendant.
The prima facie case and balance of convenience is in favor of the second defendant.
Why Defendant Won:
The prima facie case and balance of convenience is in favor of the second defendant.
The prima facie case and balance of convenience is in favor of the second defendant.
Supporting Evidence
The petitioners have to establish a prima facie case and a balance of convenience in their favour. The second defendant has obtained possession and has paid the sale consideration, believing the joint venture agreement.
Judgment Evidence:
In the result, the IA stands dismissed. The ad-interim order dated 03/06/2024 granted in this IA stands lifted.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Samson T. George
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Babu Mathew @ Parayil Mathew Babu
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Arun Kumar Karerat
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sujith Chembil Kunnuth
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K. A Shaji Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amal M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Riyan Augustine Shaji
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abraham Mathew Vettoor
- 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
- 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
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Petitioners sought an interim injunction
Evidence:
I am of the opinion therefore that the petitioners are not entitled to an order of injunction as prayed for.
Documents & Evidence
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 et al vs Arun Kumar Karerat et al regarding temporary injunction
Case Code Year
Case between Samson T. George et al vs Arun Kumar Karerat et al regarding temporary injunction