Case Summary
The petitioners are seeking a temporary prohibitory injunction against the respondents regarding unauthorized construction and possession of property. They claim the respondents engaged in fraudulent transactions related to a construction agreement.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court determined that the petitioners did not demonstrate a strong prima facie case for injunctive relief.
The court determined that the petitioners did not demonstrate a strong prima facie case for injunctive relief.
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
K M Abdul Jaleel (46 years years)
K-5, Periyar Bank Apartments, Thottakkattukara, Aluva, Ernakulam District, Pin-683108
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:
Permanent Injunction
Outcome:
Refused
Description:
Interim injunction restraining the 1st respondent from alienating, encumbering or altering the Q schedule property.
Evidence:
The court is not convinced that any irreparable harm and injury would ensue upon the petitioners if the relief of interim injunction is not granted.
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 petitioners in the present suit.
Reference:
Ext.A3
Document Type:
Construction Agreement
Submitted By:
Plaintiff
Relevance:
Challenged by petitioners in the present suit.
Reference:
Ext.A4
Document Type:
Various documents
Submitted By:
Plaintiff
Relevance:
Produced by petitioners to substantiate their case.
Reference:
Exts.A5 to A21
Document Type:
Joint Venture Agreement
Submitted By:
Defendant
Relevance:
Produced by respondents to show the basis of construction.
Reference:
Ext.B1