Case Summary
The petitioners, Samson T George and Babu Mathew, allege that the defendants, Rameeza Noordheen and Arun Kumar K, engaged in fraudulent transactions regarding the construction of units on their property. The case involves claims of unauthorized occupation and a request for an interim injunction.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The petitioners did not provide sufficient grounds for the injunction, which is an equitable remedy.
The petitioners did not provide sufficient grounds for the injunction, which is an equitable remedy.
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 – 689 643
Babu Mathew (66 years years)
Theodical House, Theodical P O, Ayroor Village, Ranni Taluk, Pathanamthitta District, Pin- 689 613
Defendants
Rameeza Noordheen (32 years years)
10/470/A/1, St. Mary’s Road, Chiyyaram P O, Thrissur District
Arun Kumar K (59 years years)
1108, Sunny Palace Apartment, Changampuzha Samadhi Road, Edappally, Kochi – 682 024
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
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:
Challenged by the petitioners in the present suit
Reference:
Ext.A3
Document Type:
Construction Agreement
Submitted By:
Plaintiff
Relevance:
Challenged by the petitioners in the present suit
Reference:
Ext.A4
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of the document from SRO, Thrikkakara
Reference:
Ext.A5
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of the document from SRO, Thrikkakara
Reference:
Ext.A6
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of the document from SRO, Thrikkakara
Reference:
Ext.A7
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True photostat copy of the document from SRO, Thrikkakara
Reference:
Ext.A8
Document Type:
Joint Venture Agreement
Submitted By:
Defendant
Relevance:
Produced and marked from the side of the respondents
Reference:
Ext.B1