O.S. No. 612/2024

Case between Samson T George et al vs Benny J John et al regarding fraudulent transactions and interim injunction.

Court
Court of Munsiff, Ernakulam
Judge
Nanda Krishna M
Order Date
2025-09-16
Duration
Case Closed

Judgement document from eCourt website

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Case Summary

The plaintiffs, Samson T George and Babu Mathew, claim ownership over certain properties and allege that the defendants, including Benny J John, have engaged in fraudulent activities related to the construction of apartments. They seek a temporary injunction to prevent further alienation of the property until the case is resolved.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition for an interim prohibitory injunction sought by the plaintiffs, stating that they failed to demonstrate a prima facie case or that irreparable loss would occur without such an injunction.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for an interim prohibitory injunction sought by the plaintiffs, stating that they failed to demonstrate a prima facie case or that irreparable loss would occur without such an injunction.
Key Reasoning:
The petitioners did not make out a prima facie case for the grant of an injunction.
Why Defendant Won:
The petitioners did not make out a prima facie case for the grant of an injunction.
Supporting Evidence
The petitioners have not made out a prima facie case for grant of the discretionary relief of interim injunction in their favour.

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
Benny J John
Party Age
58
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 1st and 2nd plaintiffs, Sale agreement, construction agreement.
Defendants Documents
Order passed by the Hon’ble NCLT, Kochi Bench concerning MIR Realtors Pvt. Ltd.

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
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
Vishnuja P M
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Amal Tom
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: Injunction
Outcome: Refused
Description:
Interim injunction restraining the 1st respondent from alienating 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 the sale agreement dated 05.12.2006
Reference:
Ext.A3
Document Type: Construction Agreement
Submitted By: Plaintiff
Relevance:
Copy of the construction agreement dated 05.01.2007
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 by P T Joy regarding the Joint Venture Agreement produced by MIR Realities Pvt. Ltd.
Reference:
Ext.A10
Document Type: Court Order
Submitted By: Plaintiff
Relevance:
True copy of the order in W A No. 306 of 2025 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: Document
Submitted By: Plaintiff
Relevance:
True copy of the Permission Certificate issued by the Thrikkakara Gram Panchayat in favor of Samson T George, Thomas George and Philip P John
Reference:
Ext.A16
Document Type: Document
Submitted By: Plaintiff
Relevance:
True copy of the Permission Certificate issued by the Thrikkakara Gram Panchayat to Samson T George, Babu Mathew, Philip P John
Reference:
Ext.A17
Document Type: Document
Submitted By: Plaintiff
Relevance:
True copy of the Building Permit issued by the Thrikkakara Municipality
Reference:
Ext.A18
Document Type: Document
Submitted By: Plaintiff
Relevance:
True copy of the Order issued by Thrikkakkara Municipality
Reference:
Ext.A19
Document Type: Document
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 before the Hon’ble High Court of Kerala
Reference:
Ext.A21

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 Benny J John et al regarding fraudulent transactions and interim injunction.
Case Code Year
Case between Samson T George et al vs Benny J John et al regarding fraudulent transactions and interim injunction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Mon, 09/01/2025 - 12:00
To
Tue, 09/30/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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