Case Summary
Samson T George and Babu Mathew, represented by Alex Joseph, are plaintiffs seeking an interim prohibitory injunction against the defendants Priya Menon, Arun Kumar K, and the Official Liquidator of MIR Realtors Pvt. Ltd. The case concerns allegations of fraud and unauthorized occupation related to certain properties.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs failed to establish a prima facie case for the grant of an injunction.
The plaintiffs failed to establish a prima facie case for the grant of an injunction.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Plaintiffs
Samson T George (60 years years)
Thanninilkunnathil House, Pariyaram, Elanthoor P O, Elanthoor Village, Kozhencherry Taluk, Pathanamthitta District, Pin – 689643
Babu Mathew (66 years years)
Theodical House, Theodical P O, Ayroor Village, Ranni Taluk, Pathanamthitta District, Pin – 689613
Defendants
Priya Menon alias Priyalekshmi (45 years years)
Madhuriletha, Athukkattu House, Mangaram, Pandalam P O, Pathanamthitta District, Pin- 689501
Arun Kumar K (59 years years)
1108, Sunny Palace Apartment, Changampuzha Samadhi Road, Edappally, Kochi – 682024
Official Liquidator, MIR Realtors Pvt. Ltd (Age not specified years)
Ann Villa, Fathima Church Lane, Elamkulam, Kadavanthara P O, Ernakulam, Pin – 682020
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Interim injunction restraining the 1st respondent from alienating, encumbering, or altering the Q schedule property pending suit.
Evidence:
The balance of convenience for a prohibitory order of injunction restraining them from causing any alterations to the property which is under their enjoyment would be in favour of the respondent.
Relief Type:
Declaration
Outcome:
Not Decided
Description:
Seeking declaration that the forged agreement of sale dated 16-7-2010 and construction agreement are null, void, and fraudulent.
Evidence:
This suit is one seeking declaration that the forged agreement of sale dated 16-7-2010 and construction agreement are null, void, and fraudulent.
Relief Type:
Mandatory Injunction
Outcome:
Not Decided
Description:
Mandatory injunction directing 1st and 2nd respondent to hand over possession of the Q schedule property.
Evidence:
Mandatory injunction directing 1st and 2nd respondent to hand over possession of the Q schedule property.
Relief Type:
Compensation
Outcome:
Not Decided
Description:
Compensation for unauthorized occupation @Rs. 15,000/month from Jan 2017, limited to 3 years prior to suit (Rs. 5,40,000) and future compensation at Rs. 20,000/month until possession is returned.
Evidence:
Compensation for unauthorized occupation @Rs. 15,000/month from Jan 2017, limited to 3 years prior to suit (Rs. 5,40,000) and future compensation at Rs. 20,000/month until possession is returned.
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:
Challenged in the present suit.
Reference:
Ext.A3
Document Type:
Construction Agreement
Submitted By:
Plaintiff
Relevance:
Challenged in the present suit.
Reference:
Ext.A4
Document Type:
SRO Document
Submitted By:
Plaintiff
Relevance:
Photostat copy relevant to ownership.
Reference:
Ext.A5
Document Type:
SRO Document
Submitted By:
Plaintiff
Relevance:
Photostat copy relevant to ownership.
Reference:
Ext.A6
Document Type:
SRO Document
Submitted By:
Plaintiff
Relevance:
Photostat copy relevant to ownership.
Reference:
Ext.A7
Document Type:
SRO Document
Submitted By:
Plaintiff
Relevance:
True photostat copy relevant to ownership.
Reference:
Ext.A8
Document Type:
Municipality Notice
Submitted By:
Plaintiff
Relevance:
Issued regarding unsafe occupation.
Reference:
Ext.A9
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
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 regarding a previous case.
Reference:
Ext.A11
Document Type:
SRO Document
Submitted By:
Plaintiff
Relevance:
True copy relevant to ownership.
Reference:
Ext.A12
Document Type:
SRO Document
Submitted By:
Plaintiff
Relevance:
True copy relevant to ownership.
Reference:
Ext.A13
Document Type:
SRO Document
Submitted By:
Plaintiff
Relevance:
True copy relevant to ownership.
Reference:
Ext.A14
Document Type:
SRO Document
Submitted By:
Plaintiff
Relevance:
True copy relevant to ownership.
Reference:
Ext.A15
Document Type:
Permission Certificate
Submitted By:
Plaintiff
Relevance:
Issued by the Thrikkakkara Gram Panchayat.
Reference:
Ext.A16
Document Type:
Permission Certificate
Submitted By:
Plaintiff
Relevance:
Issued by the Thrikkakkara Gram Panchayat.
Reference:
Ext.A17
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
Issued by the Thrikkakkara Municipality.
Reference:
Ext.A18
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Order issued by Thrikkakkara Municipality.
Reference:
Ext.A19
Document Type:
No Objection Certificate
Submitted By:
Plaintiff
Relevance:
Issued by the Airport Authority of India.
Reference:
Ext.A20
Document Type:
Writ Petition
Submitted By:
Plaintiff
Relevance:
Filed by the Plaintiffs before the Hon’ble High Court of Kerala.
Reference:
Ext.A21