Case Summary
The petitioners, represented by their power of attorney holder, are seeking a temporary injunction against the respondents related to construction and fraudulent transactions involving real estate. They claim that the respondents have transferred properties fraudulently and are occupying one property illegally.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for temporary injunction is dismissed as the court finds that the petitioners failed to establish a prima facie case for the requested relief. The respondents are found to be in lawful possession of the property in question.
Key Reasoning:
The court concluded that petitioners did not demonstrate a strong prima facie case necessary for granting an injunction.
The court concluded that petitioners did not demonstrate a strong prima facie case necessary for granting an injunction.
Why Defendant Won:
The court concluded that petitioners did not demonstrate a strong prima facie case necessary for granting an injunction.
The court concluded that petitioners did not demonstrate a strong prima facie case necessary for granting an injunction.
Supporting Evidence
The evidence presented was not sufficient to convince the court of the petitioners' claims. The respondents are found to have lawful occupation of the property.
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 T A George
- Party Role
- Plaintiff
- Party Name
- Babu Mathew
- Party Age
- 66
- Relation
- S/o Late T G Mathew
- Party Role
- Defendant
- Party Name
- Jayesh John
- Party Age
- 51
- Relation
- S/o T T Ulahannan
- Party Role
- Defendant
- Party Name
- Arun Kumar K
- Party Age
- 59
- Relation
- S/o A K Raghavan Nambiar
- Party Role
- Defendant
- Party Name
- Official Liquidator, MIR Realtors Pvt. Ltd
Plaintiffs Documents
Power of Attorney executed by the 1st plaintiff, Power of Attorney executed by the 2nd plaintiff, Sale agreement, construction agreement
Defendants Documents
Order passed by the Hon’ble NCLT, Kochi Bench in IBA/11/KOB/2020, List of Creditors of MIR Realtors Pvt. Ltd., Final Order/Judgment passed by the CDRF, Kottayam
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 Vijaykumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manju E R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anandhu Satheesh
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Alint Joseph
- 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
- Party Role
- Defendant
- Advocate Name
- Enoch David Simon Joel
- Appearance Type
- Main 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
- 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
- Party Role
- Defendant
- Advocate Name
- Abraham Mathew
- Appearance Type
- Assisting 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
- S Praveen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Soorya B Chandran
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
An interim-injunction restraining the 1st respondent from alienating, encumbering, or altering the Q schedule property pending suit is sought for.
Evidence:
the point is found against the petitioners.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Copy of the Power of Attorney executed by the 1st plaintiff in favour of Alex Joseph
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Copy of the Power of Attorney executed by the 2nd plaintiff in favour of Alex Joseph
Reference:
Ext.A2
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Copy of Sale agreement
Reference:
Ext.A3
Document Type:
Construction Agreement
Submitted By:
Plaintiff
Relevance:
Copy of the construction agreement
Reference:
Ext.A4
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of the document no.2319 of 1995 of SRO, Thrikkakara
Reference:
Ext.A5
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of the document no. 2306 of 1995 of SRO, Thrikkakara
Reference:
Ext.A6
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of the document no. 2348 of 1995 of SRO, Thrikkakara
Reference:
Ext.A7
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True photostat copy of the document no. 2797 of 2006 of SRO, Thrikkakara
Reference:
Ext.A8
Document Type:
Notice
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:
Permission Certificate
Submitted By:
Plaintiff
Relevance:
True copy of the Permission Certificate issued by the Thrikkakkara Gram Panchayat in favor of Samson T George, Thomas George and Philip P John
Reference:
Ext.A16
Document Type:
Permission Certificate
Submitted By:
Plaintiff
Relevance:
True copy of the Permission Certificate issued by the Thrikkakkara Gram Panchayat to Samson T George, Babu Mathew, Philip P John
Reference:
Ext.A17
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
True copy of the Building Permit issued by the Thrikkakkara Municipality
Reference:
Ext.A18
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
True copy of the Order issued by Thrikkakkara Municipality
Reference:
Ext.A19
Document Type:
No Objection 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 before the Hon’ble High Court of Kerala
Reference:
Ext.A21
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 et al vs Jayesh John et al regarding temporary injunction
Case Code Year
Case between Samson T George et al vs Jayesh John et al regarding temporary injunction