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
The court dismissed the petition seeking a temporary prohibitory injunction, determining that the petitioners failed to demonstrate a prima facie case.
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.
Why Defendant Won:
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.
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
- Party Role
- Plaintiff
- Party Name
- Babu Mathew
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rameeza Noordheen
- Party Age
- 32
- Party Role
- Defendant
- Party Name
- Arun Kumar K
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Official Liquidator, MIR Realtors Pvt. Ltd
Plaintiffs Documents
Power of Attorney executed by the plaintiffs, Sale agreements, Construction agreements
Defendants Documents
Joint Venture Agreement, Letter issued by the plaintiff to the municipality
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C S Manu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dilu Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- C A Anupaman
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- T B Sivaprasad
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- C Y Vijayakumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manju E R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Alint Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anandhu Satheesh
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Paul Jose
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dainy Davis
- Appearance Type
- Assisting Counsel
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
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 & Babu Mathew vs Rameeza Noordheen & Arun Kumar K regarding temporary prohibitory injunction
Case Code Year
Case between Samson T George & Babu Mathew vs Rameeza Noordheen & Arun Kumar K regarding temporary prohibitory injunction