O.S No. 560/2024

Case between Samson T. George et al vs Arun Kumar Karerat et al regarding temporary injunction

Court

THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM

Judge

Sri. Rohit Nandakumar

Order Date

2025-07-04

Duration

Case Closed

Judgement document from eCourt website

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Case Summary

The case involves a petition filed by the plaintiffs who claim ownership of certain properties. They seek a temporary injunction to prevent the defendants from occupying the properties, alleging that the defendants are in unlawful possession.

Judgment Outcome

Defendant Won

Interim Order

The court dismissed the petition for a temporary injunction filed by the plaintiffs, finding that the defendants did not unlawfully occupy the property. The interim injunction previously granted was lifted.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

Key Reasoning:
The defendants were found to be in lawful possession based on a joint venture agreement.

Why Defendant Won:
The defendants were found to be in lawful possession based on a joint venture agreement.

Supporting Evidence

The second and 3rd defendants have obtained possession and have paid the sale consideration, believing the joint venture agreement.

Judgment Evidence:

In the result, the IA stands dismissed. The ad-interim order dated 03/06/2024 granted in this IA stands lifted.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Samson T. George
Party Age: 56
Relation: S/o

Party Role: Plaintiff
Party Name: Babu Mathew @ Parayil Mathew Babu
Party Age: 63
Relation: S/o

Party Role: Defendant
Party Name: Arun Kumar Karerat
Party Age: 59
Relation: Son of

Party Role: Defendant
Party Name: Sunitha Nair
Party Age: 44
Relation: W/o

Party Role: Defendant
Party Name: Susheela R Nair
Party Age: 64
Relation: W/o

Plaintiffs Documents

Defendants Documents

Photocopy of Joint Venture Agreement

Advocates

Party Role: Plaintiff
Advocate Name: P. Suresh
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: K. A Shaji Mathew
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Amal M
Appearance Type: Assisting Counsel

Party Role: Plaintiff
Advocate Name: Riyan Augustine Shaji
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Abraham Mathew
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Anil Abey Jose
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Amal Tom
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Vishnuja P.M
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Enoch David Simon Joel
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: S. Sreedev
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Rony Jose
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Leo Lukose
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Karol Mathews Sebastian Alencherry
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Derick Mathai Saji
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Karan Scaria Abraham
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Ittoop Joy Thattil
Appearance Type: Assisting Counsel

Reliefs

Relief Type: Injunction

Outcome: Refused

Description:

Requested temporary injunction to prevent defendants from continuing their possession.

Evidence:

the petitioners are not entitled to an interim injunction as sought for

Documents & Evidence

Document Type: Joint Venture Agreement

Submitted By: Defendant

Relevance:

Produced by the defendants to support their claim of lawful possession.

Reference:

Ext.B1

Case Classification