Case Summary
The plaintiffs, Samson T George and Babu Mathew, claim ownership over certain properties and allege that the defendants, including Benny J John, have engaged in fraudulent activities related to the construction of apartments. They seek a temporary injunction to prevent further alienation of the property until the case is resolved.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The petitioners did not make out a prima facie case for the grant of an injunction.
The petitioners did not make out 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)
Thanninilkunnathil House, Pariyaram, Elanthoor P O, Elanthoor Village, Kozhencherry Taluk, Pathanamthitta District, Pin – 689643
Babu Mathew (66 years)
Theodical House, Theodical P O, Ayroor Village, Ranni Taluk, Pathanamthitta District, Pin – 689613
Defendants
Benny J John (58 years)
Manayil House, Opposite Railway Station, Railway Station P O, Thiruvalla, Pathanamthitta District, Pin- 689101
Arun Kumar K (59 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 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 the sale agreement dated 05.12.2006
Reference:
Ext.A3
Document Type:
Construction Agreement
Submitted By:
Plaintiff
Relevance:
Copy of the construction agreement dated 05.01.2007
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 by P T Joy 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 in W A No. 306 of 2025 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:
Document
Submitted By:
Plaintiff
Relevance:
True copy of the Permission Certificate issued by the Thrikkakara Gram Panchayat in favor of Samson T George, Thomas George and Philip P John
Reference:
Ext.A16
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True copy of the Permission Certificate issued by the Thrikkakara Gram Panchayat to Samson T George, Babu Mathew, Philip P John
Reference:
Ext.A17
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True copy of the Building Permit issued by the Thrikkakara Municipality
Reference:
Ext.A18
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True copy of the Order issued by Thrikkakkara Municipality
Reference:
Ext.A19
Document Type:
Document
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 before the Hon’ble High Court of Kerala
Reference:
Ext.A21