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
The petition for a temporary prohibitory injunction was dismissed as the petitioners, Bava Realtors Private Limited and Muhammed Nazarudeen, failed to establish a prima facie case or satisfy the balance of convenience. The court found no grounds for granting the injunction sought against the respondents.
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.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The petitioners have not produced the original document and failed to demonstrate that they possess any rights beyond a mere license to develop the property.
Judgment Evidence:
In the result, the petition is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bava Realtors Private Limited
- Party Role
- Plaintiff
- Party Name
- Muhammed Nazarudeen
- Party Age
- 35
- Relation
- S/o Bava Muhammed
- Party Role
- Defendant
- Party Name
- Cicil K Peter
- Party Age
- 56
- Relation
- S/o Peter K.P
- Party Role
- Defendant
- Party Name
- Peter K.P
- Party Age
- 86
- Relation
- S/o Paulose
- Party Role
- Defendant
- Party Name
- Abdhu P.M
- Party Role
- Defendant
- Party Name
- Level Hundred
- Relation
- represented by its Director Vilas Thomas
- Party Role
- Defendant
- Party Name
- Eldho George
- Party Age
- 50
- Relation
- S/o George Varghese
Plaintiffs Documents
True copy of the sale agreement dated 17.01.2022, True copy of construction agreements, Various documents relating to expenses and communication.
Defendants Documents
Photocopy of sale agreement marked as Exhibit B1.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Lal K Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.Muraleedharan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Luxy T.A
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suresh Sukumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anzil Salim
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akash George
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanjay Sellen
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sonia Shibu
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aamina Rafeek
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adithya S Puthezhathu
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Rajesh Sivaramankutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arul Muralidharan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sayed Ebrahim M
- Appearance Type
- Assisting Counsel
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
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 Bava Realtors Private Limited vs Cicil K Peter et al regarding construction disputes.
Case Code Year
Case between Bava Realtors Private Limited vs Cicil K Peter et al regarding construction disputes.