Case Summary
Bava Realtors Private Limited and its Managing Director Muhammed Nazarudeen are petitioners against Cicil K Peter, Peter K.P, and others regarding a temporary prohibitory injunction due to alleged interference with construction work. The case involves disputes over property development and contractual obligations.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The petitioners did not substantiate their claims regarding the maintenance of contractual obligations and possession of the property.
The petitioners did not substantiate their claims regarding the maintenance of contractual obligations and possession of the property.
Judgment Evidence:
In the result, the petition is dismissed. No order as to costs.
Parties Involved
Plaintiffs
Bava Realtors Private Limited (Age not specified years)
4th Floor, Door No. 14/1201-1202, Anchorage Business Centre, Seaport-Airport road, Kakkanad, Thrikkakara P.O, Thrikkakara north village, Ernakulam, Pin - 682 030
Muhammed Nazarudeen (35 years)
Kallepurath house, Puthiya road, Vadacode P.O, Thrikkakara village, Ernakulam, Pin - 682 021
Defendants
Cicil K Peter (56 years)
Kiluthattil Mamanathu Parambil house, Thengodu P.O, Kakkanadu, Ernakulam, Pin - 682 030
Peter K.P (86 years)
Kiluthattil Mamanathu Parambil house, Thengode P.O, Kakkanad, Ernakulam, Pin - 682 030
Abdhu P.M (Age not specified years)
Shana Manzil, Kuzhikkatumoola Edachira, Kakkanad Thengode - 682 030
Level Hundred (Age not specified years)
1st Floor, Illy's Arcade, Parambithara Cross road, Panampilly Nagar, Kochi - 682 036
Eldho George (50 years)
Koyikkara Panackalodiyil, Kothery, Thengode P.O, 682 030
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The petitioners requested a temporary prohibitory injunction to restrain the respondents from obstructing the construction work.
Evidence:
The petition is dismissed.
Documents & Evidence
Document Type:
Construction Agreement
Submitted By:
Plaintiff
Relevance:
True copy of the construction agreement executed between the Ist Plaintiff and Sanjith and Manjusha.
Reference:
Ext.A5
Document Type:
Construction Agreement
Submitted By:
Plaintiff
Relevance:
True copy of the construction agreement executed between the Ist Plaintiff and Sherin Rajan.
Reference:
Ext.A6
Document Type:
Construction Agreement
Submitted By:
Plaintiff
Relevance:
True copy of the construction agreement executed between the Ist Plaintiff and R. .Vijay Krishnan and Remya Krishnan.
Reference:
Ext.A7
Document Type:
Construction Agreement
Submitted By:
Plaintiff
Relevance:
True copy of the construction agreement executed between the Ist Plaintiff and Aravind R and Surabhi Patodia.
Reference:
Ext.A8
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
True copies of sale deeds executed by respondents 1 and 2 in favor of the customers.
Reference:
Ext.A1 to Ext.A4
Document Type:
Valuation Report
Submitted By:
Plaintiff
Relevance:
True copy of the detailed valuation report of the Schedule properties.
Reference:
Ext.A9
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
True copy of the account statement of the Ist Plaintiff from 18.05.23 to 19.10.24 issued by the CSB Bank Ltd., Thrikkakkara branch.
Reference:
Ext.A10
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs of the schedule properties (8 nos).
Reference:
Ext.A11
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
True copy of the account statement of M/s BR Homes Private Ltd. from 29.11.23 to 07.03.25 issued by CSB Bank Ltd, Ponnurunny branch.
Reference:
Ext.A12
Document Type:
Whatsapp Communication
Submitted By:
Plaintiff
Relevance:
True copy of the Extract of the Whatsapp communication between the plaintiff and Sherin (Villa owner).
Reference:
Ext.A13
Document Type:
Police Receipt
Submitted By:
Plaintiff
Relevance:
True copy of the receipt issued by Info park Police Station.
Reference:
Ext.A14
Document Type:
Sale Agreement
Submitted By:
Defendant
Relevance:
Sale agreement dated 17.01.22 between the petitioners and the 5th respondent.
Reference:
Ext.B1