Case Summary
Samson T George and Babu Mathew filed a suit against Noordheen Babu and others alleging fraudulent transfers of property and seeking an injunction. They claim unauthorized actions by the defendants concerning their real estate investments.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The petitioners failed to establish a prima facie case for the injunction because the property was lawfully possessed by the respondent.
The petitioners failed to establish a prima facie case for the injunction because the property was lawfully possessed by the respondent.
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, now residing at P O Box No. 9330, Ahmadi, Kuwait
Babu Mathew (66 years years)
Theodical House, Theodical P O, Ayroor Village, Ranni Taluk, Pathanamthitta District, Pin – 689613, Now residing at P O Box 31338, Sharjah, UAE
Defendants
Noordheen Babu (Age not specified years)
Ayyan, 10/470/A/1, St. Mary’s Road, Chiyyaram P O, Thrissur District, Pin- 680026
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:
Injunction
Outcome:
Refused
Description:
Interim injunction restraining the 1st respondent from alienating, encumbering, or altering 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.
Relief Type:
Declaration
Outcome:
Not Decided
Description:
Declaration that the forged agreement of sale and construction agreement are null and void.
Evidence:
This aspect remains to be determined in the main suit.
Relief Type:
Mandatory Injunction
Outcome:
Not Decided
Description:
Mandatory injunction directing 1st respondent to hand over possession of the Q schedule property.
Evidence:
This aspect remains to be determined in the main suit.
Relief Type:
Recovery
Outcome:
Not Decided
Description:
Compensation for unauthorized occupation at Rs. 15,000/month from Jan 2017.
Evidence:
This aspect remains to be determined in the main suit.
Relief Type:
Recovery
Outcome:
Not Decided
Description:
Future compensation at Rs. 20,000/month until possession is returned.
Evidence:
This aspect remains to be determined in the main suit.
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 the petitioners in the present suit.
Reference:
Ext.A3
Document Type:
Construction Agreement
Submitted By:
Plaintiff
Relevance:
Challenged by the petitioners in the present suit.
Reference:
Ext.A4
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of a document from SRO, Thrikkakara.
Reference:
Ext.A5
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of a document from SRO, Thrikkakara.
Reference:
Ext.A6
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of a document from SRO, Thrikkakara.
Reference:
Ext.A7
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True photostat copy of a document from 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:
Email regarding the Joint Venture Agreement produced by MIR Realities Pvt. Ltd.
Reference:
Ext.A10
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
True copy of the Order in a prior W.A. from the Hon’ble High Court.
Reference:
Ext.A11
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True copy of a Document from SRO, Thrikkakkara.
Reference:
Ext.A12
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True copy of a Document from SRO, Thrikkakkara.
Reference:
Ext.A13
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True copy of a Document from SRO, Thrikkakkara.
Reference:
Ext.A14
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
True copy of a Document from SRO, Thrikkakkara.
Reference:
Ext.A15
Document Type:
Permission Certificate
Submitted By:
Plaintiff
Relevance:
True copy of the Permission Certificate issued by the Thrikkakara Gram Panchayat.
Reference:
Ext.A16
Document Type:
Permission Certificate
Submitted By:
Plaintiff
Relevance:
True copy of the Permission Certificate issued by the Thrikkakara Gram Panchayat.
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 NOC 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.
Reference:
Ext.A21
Document Type:
Order
Submitted By:
Defendant
Relevance:
True copy of the order passed by the Hon’ble NCLT relating to the insolvency proceedings.
Reference:
Ext.B1
Document Type:
Public Announcement
Submitted By:
Defendant
Relevance:
True copy of Form G – Public Announcement.
Reference:
Ext.B2
Document Type:
Order
Submitted By:
Defendant
Relevance:
True copy of the order from the Hon’ble NCLT regarding the insolvency proceedings.
Reference:
Ext.B3
Document Type:
Public Announcement
Submitted By:
Defendant
Relevance:
True copy of the Form B – Public Announcement.
Reference:
Ext.B4
Document Type:
List of Creditors
Submitted By:
Defendant
Relevance:
True copy of the List of Creditors of MIR Realtors Pvt. Ltd.
Reference:
Ext.B5
Document Type:
List of Unsecured Creditors
Submitted By:
Defendant
Relevance:
True copy of the List of Unsecured Financial Creditors of MIR Realtors Pvt. Ltd.
Reference:
Ext.B6
Document Type:
List of Secured Creditors
Submitted By:
Defendant
Relevance:
True copy of the List of Secured Financial Creditors of MIR Realtors Pvt. Ltd.
Reference:
Ext.B7
Document Type:
Statutory Audit Report
Submitted By:
Defendant
Relevance:
True copy of the Statutory Audit report along with Balance Sheet.
Reference:
Ext.B8
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
True copy of the Judgment passed by the Hon’ble High Court.
Reference:
Ext.B9
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
True copy of the Judgment passed by the Hon’ble High Court.
Reference:
Ext.B10
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
True copy of the Judgment passed by the Hon’ble High Court.
Reference:
Ext.B11
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
True copy of the Judgment passed by the Hon’ble High Court.
Reference:
Ext.B12
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
True copy of the Judgment passed by CDRC.
Reference:
Ext.B13
Document Type:
Final Order
Submitted By:
Defendant
Relevance:
True copy of the Final Order/Judgment passed by the CDRF.
Reference:
Ext.B14
Document Type:
Joint Venture Agreement
Submitted By:
Defendant
Relevance:
True copy of the JV agreement executed by the plaintiffs and MIR Realtors Pvt. Ltd.
Reference:
Ext.B15
Document Type:
Building Permit
Submitted By:
Defendant
Relevance:
True copy of the Building Permit issued by Thrikkakkara Grama Panchayath.
Reference:
Ext.B16
Document Type:
Consent Certificate
Submitted By:
Defendant
Relevance:
True copy of the Consent to establish issued by the Kerala State Pollution Control Board.
Reference:
Ext.B17
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
True copy of the certificate issued by the Department of Fire and Rescue Services.
Reference:
Ext.B18
Document Type:
Environmental Clearance Certificate
Submitted By:
Defendant
Relevance:
True copy of the Environmental Clearance Certificate issued by the Ministry of Environment.
Reference:
Ext.B19
Document Type:
Letter
Submitted By:
Defendant
Relevance:
True copy of the letter issued by the Kerala State Pollution Control Board.
Reference:
Ext.B20
Document Type:
Order of Renewal of Permit
Submitted By:
Defendant
Relevance:
True copy of the order of the renewal of permit issued from the Secretary Thrikkakkara Municipality.
Reference:
Ext.B21
Document Type:
Order
Submitted By:
Defendant
Relevance:
True copy of the order passed by the Chief Engineer, KSEB.
Reference:
Ext.B22
Document Type:
Sale Agreement
Submitted By:
Defendant
Relevance:
True copy of the Sale agreement executed between plaintiffs and Giju Thomas.
Reference:
Ext.B23
Document Type:
Agreement for sale
Submitted By:
Defendant
Relevance:
True copy of the agreement for sale executed between plaintiffs and Arun Varghese George.
Reference:
Ext.B24
Document Type:
Plaint
Submitted By:
Defendant
Relevance:
True copy of the plaint in OS No. 825 of 2023 filed by the Plaintiffs.
Reference:
Ext.B25
Document Type:
Written Statement
Submitted By:
Defendant
Relevance:
True copy of the Written Statement filed by the defendant in OS No. 825 of 2023.
Reference:
Ext.B26
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
True copy of the Sale deed executed in favour of MIR Realtors Pvt. Ltd.
Reference:
Ext.B27
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
True copy of the Sale deed executed in favour of MIR Realtors Pvt. Ltd.
Reference:
Ext.B28
Document Type:
KVAT Return
Submitted By:
Defendant
Relevance:
True copy of the KVAT quarterly return form by M/s MIR Realtors Pvt. Ltd.
Reference:
Ext.B29
Document Type:
KVAT Audit Report
Submitted By:
Defendant
Relevance:
True copy of the KVAT audit report by Kovoor & Co.
Reference:
Ext.B30
Document Type:
KVAT Audit Report
Submitted By:
Defendant
Relevance:
True copy of the KVAT audit report by Kovoor & Co.
Reference:
Ext.B31
Document Type:
Works Contract Application
Submitted By:
Defendant
Relevance:
True copy of the works contract compounding application.
Reference:
Ext.B32
Document Type:
Works Contract Application
Submitted By:
Defendant
Relevance:
True copy of the works contract compounding application.
Reference:
Ext.B33
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
True copy of the Sale deed.
Reference:
Ext.B34
Document Type:
Declaration
Submitted By:
Defendant
Relevance:
True copy of the form of declaration under Finance Act.
Reference:
Ext.B35
Document Type:
Declaration
Submitted By:
Defendant
Relevance:
True copy of the form of declaration under Finance Act.
Reference:
Ext.B36
Document Type:
Declaration
Submitted By:
Defendant
Relevance:
True copy of the form of declaration under Finance Act.
Reference:
Ext.B37
Document Type:
Fire NOC
Submitted By:
Defendant
Relevance:
True copy of the Fire NOC issued by the Department of Fire and Rescue Services.
Reference:
Ext.B38
Document Type:
Brochure
Submitted By:
Defendant
Relevance:
True copy of Brochure published by MIR Realtors Pvt. Ltd.
Reference:
Ext.B39
Document Type:
Brochure
Submitted By:
Defendant
Relevance:
True copy of Brochure in respect of Tower Jade Heights-II.
Reference:
Ext.B40
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Copy of Power of Attorney executed by the plaintiffs.
Reference:
Ext.B41
Document Type:
Certification of Incorporation
Submitted By:
Defendant
Relevance:
True copy of certification of Incorporation.
Reference:
Ext.B42
Document Type:
Memorandum of Association
Submitted By:
Defendant
Relevance:
True copy of Memorandum of Association of M/s MIR Realtors Pvt. Ltd.
Reference:
Ext.B43
Document Type:
Articles of Association
Submitted By:
Defendant
Relevance:
True copy of Articles of Association of M/s MIR Realtors Pvt. Ltd.
Reference:
Ext.B44
Document Type:
Shareholding Pattern
Submitted By:
Defendant
Relevance:
True copy of Shareholding pattern of M/s MIR Realtors Pvt. Ltd.
Reference:
Ext.B45
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
True copy of the Sale deed.
Reference:
Ext.B46
Document Type:
Details
Submitted By:
Defendant
Relevance:
True copy of details of M/s Bio Cure Health Sciences Ltd.
Reference:
Ext.B47
Document Type:
Details
Submitted By:
Defendant
Relevance:
True copy of details of M/s Niagra Power Corporation Ltd.
Reference:
Ext.B48
Document Type:
Details
Submitted By:
Defendant
Relevance:
True copy of details of M/s Yamuna Pronotes Pvt. Ltd.
Reference:
Ext.B49
Document Type:
Letter
Submitted By:
Defendant
Relevance:
True copy of Letter issued by Alex Joseph.
Reference:
Ext.B50
Document Type:
Letter
Submitted By:
Defendant
Relevance:
True copy of Letter issued by Alex Joseph.
Reference:
Ext.B51
Document Type:
Loan Agreement
Submitted By:
Defendant
Relevance:
True copy of the Loan agreement.
Reference:
Ext.B52
Document Type:
Joint Venture Agreement
Submitted By:
Defendant
Relevance:
True copy of the Joint Venture Agreement.
Reference:
Ext.B53
Document Type:
NCLT Order
Submitted By:
Defendant
Relevance:
Copy of the NCLT order related to the insolvency proceedings.
Reference:
Ext.B54
Document Type:
High Court Order
Submitted By:
Defendant
Relevance:
Copy of the order passed by the Hon’ble High Court.
Reference:
Ext.B55