Case Summary
The plaintiffs, Samson T George and Babu Mathew, through their attorney, filed a petition seeking a temporary prohibitory injunction. They allege that fraudulent actions were taken regarding properties meant for multi-storeyed apartments and villas.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The respondents demonstrated their lawful possession of the property and that the plaintiffs could not prove fraud or unauthorized occupation.
The respondents demonstrated their lawful possession of the property and that the plaintiffs could not prove fraud or unauthorized occupation.
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
Sajeeshkumar (49 years years)
Ferraria Park, 16 Flora Drive, #05-26, Singapore, 506945
Jayasree Santhamma (45 years years)
Ferraria Park, 16 Flora Drive, #05-26, Singapore, 506945
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:
Temporary Injunction
Outcome:
Refused
Description:
Interim injunction restraining the 1st respondent from alienating or encumbering the Q schedule property pending suit.
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:
Copy of sale agreement related to the property.
Reference:
Ext.A3
Document Type:
Construction Agreement
Submitted By:
Plaintiff
Relevance:
Copy of the construction agreement related to the property.
Reference:
Ext.A4
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of document no.2319 of 1995 of SRO, Thrikkakara.
Reference:
Ext.A5
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of document no. 2306 of 1995 of SRO, Thrikkakara.
Reference:
Ext.A6
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of document no. 2348 of 1995 of SRO, Thrikkakara.
Reference:
Ext.A7
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True photostat copy of document no. 2797 of 2006 of SRO, Thrikkakara.
Reference:
Ext.A8
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of the notice issued by the Thrikkakara Municipality.
Reference:
Ext.A9
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
True copy of the email sent regarding the Joint Venture Agreement.
Reference:
Ext.A10
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
True copy of the order passed by the Hon’ble High Court of Kerala.
Reference:
Ext.A11
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True copy of the document no. 874 of 2009 of SRO, Thrikkakkara.
Reference:
Ext.A12
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True copy of the document no. 1020 of 2009 of SRO, Thrikkakkara.
Reference:
Ext.A13
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True copy of the document no. 509 of 2010 of SRO, Thrikkakkara.
Reference:
Ext.A14
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True copy of the document no. 1372 of 2010 of SRO, Thrikkakkara.
Reference:
Ext.A15
Document Type:
Permission Certificate
Submitted By:
Plaintiff
Relevance:
True copy of the permission certificate issued in favor of petitioners.
Reference:
Ext.A16
Document Type:
Permission Certificate
Submitted By:
Plaintiff
Relevance:
True copy of the permission certificate issued to petitioners.
Reference:
Ext.A17
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
True copy of the building permit issued by the Thrikkakara Municipality.
Reference:
Ext.A18
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
True copy of the order issued by the Thrikkakara Municipality.
Reference:
Ext.A19
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
True copy of the no objection certificate issued by the Airport Authority of India.
Reference:
Ext.A20
Document Type:
Writ Petition
Submitted By:
Plaintiff
Relevance:
True copy of the writ petition filed by the plaintiffs.
Reference:
Ext.A21
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
True copy of the order passed by the Hon’ble NCLT, Kochi Bench.
Reference:
Ext.B1
Document Type:
Public Announcement
Submitted By:
Defendant
Relevance:
True copy of Form G – Public Announcement.
Reference:
Ext.B2
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
True copy of the order passed by the Hon’ble NCLT, Kochi Bench.
Reference:
Ext.B3
Document Type:
Public Announcement
Submitted By:
Defendant
Relevance:
True copy of Form B – Public Announcement.
Reference:
Ext.B4
Document Type:
List of Creditors
Submitted By:
Defendant
Relevance:
A true copy of the list of creditors of MIR Realtors Pvt. Ltd.
Reference:
Ext.B5
Document Type:
List of Unsecured Financial Creditors
Submitted By:
Defendant
Relevance:
A true copy of the list of unsecured financial creditors of MIR Realtors Pvt. Ltd.
Reference:
Ext.B6
Document Type:
List of Secured Financial Creditors
Submitted By:
Defendant
Relevance:
A true copy of the list of secured financial creditors of MIR Realtors Pvt. Ltd.
Reference:
Ext.B7
Document Type:
Audit report
Submitted By:
Defendant
Relevance:
A true copy of the statutory audit report issued by independent auditor.
Reference:
Ext.B8
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
A true copy of the judgment passed by the Hon’ble High Court of Kerala.
Reference:
Ext.B9
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
A true copy of the judgment passed by the Hon’ble High Court of Kerala.
Reference:
Ext.B10
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
A true copy of the judgment passed by the Hon’ble High Court of Kerala.
Reference:
Ext.B11
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
A true copy of the judgment passed by the Hon’ble High Court of Kerala.
Reference:
Ext.B12
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
A true copy of the judgment passed by CDRC, Thiruvananthapuram.
Reference:
Ext.B13
Document Type:
Order
Submitted By:
Defendant
Relevance:
A true copy of the final order/judgment passed by CDRF, Kottayam.
Reference:
Ext.B14
Document Type:
Joint Venture Agreement
Submitted By:
Defendant
Relevance:
A true copy of the JV agreement executed between the plaintiffs and another land owner.
Reference:
Ext.B15