Case Summary
The plaintiffs, represented by their attorney, are seeking to declare certain agreements as fraudulent and null, claiming unauthorized possession and compensation from the defendants. The defendants contend that the plaintiffs' claims are unsupported and that there was a valid joint venture agreement for the property in question.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs failed to demonstrate that they had a clear entitlement to the relief of injunction.
The plaintiffs failed to demonstrate that they had a clear entitlement to the relief of 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
Santhosh Kumar (51 years)
C-1/1, Sahyadri Housing Society, Sector-12, Plot No.5, Dwarka, New Delhi – 110078
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:
Temporary Injunction
Outcome:
Refused
Description:
Requested temporary prohibitory injunction against the 1st respondent from alienating or encumbering the Q schedule property.
Evidence:
This court is of the opinion that the petitioner 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:
Seeking declaration that the forged agreement of sale and construction agreement are null, void, and fraudulent.
Evidence:
Relief Type:
Mandatory Injunction
Outcome:
Not Decided
Description:
Directing the 1st respondent to hand over possession of the Q schedule property.
Evidence:
Relief Type:
Damages
Outcome:
Not Decided
Description:
Claim for compensation for unauthorized occupation.
Evidence:
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by the 1st plaintiff in favour of Alex Joseph.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by the 2nd plaintiff in favour of Alex Joseph.
Reference:
Ext.A2
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Document related to the sale agreement for the Q schedule property.
Reference:
Ext.A3
Document Type:
Construction Agreement
Submitted By:
Plaintiff
Relevance:
Document related to the construction agreement.
Reference:
Ext.A4
Document Type:
SRO Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of the document no. 2319 of 1995 of SRO, Thrikkakara.
Reference:
Ext.A5
Document Type:
SRO Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of the document no. 2306 of 1995 of SRO, Thrikkakara.
Reference:
Ext.A6
Document Type:
SRO Document
Submitted By:
Plaintiff
Relevance:
Photostat copy of the document no. 2348 of 1995 of SRO, Thrikkakara.
Reference:
Ext.A7
Document Type:
SRO Document
Submitted By:
Plaintiff
Relevance:
True photostat copy of the document no. 2797 of 2006 of SRO, Thrikkakara.
Reference:
Ext.A8
Document Type:
Municipality 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:
SRO Document
Submitted By:
Plaintiff
Relevance:
True copy of the Document No. 874 of 2009 of SRO, Thrikkakkara.
Reference:
Ext.A12
Document Type:
SRO Document
Submitted By:
Plaintiff
Relevance:
True copy of the Document No. 1020 of 2009 of SRO, Thrikkakkara.
Reference:
Ext.A13
Document Type:
SRO Document
Submitted By:
Plaintiff
Relevance:
True copy of the Document No. 509 of 2010 of SRO, Thrikkakkara.
Reference:
Ext.A14
Document Type:
SRO 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 Thrikkakara 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 Thrikkakara 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 Thrikkakara Municipality.
Reference:
Ext.A18
Document Type:
Municipality 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