O.S. No. 614/2024

Case between Samson T George et al vs Shaheen Nawas Kalathiparambil Abdul Salam et al regarding temporary prohibitory injunction

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M
Order Date
2025-09-16
Duration
approximately-1 year 1 month
Case Closed
Tue, 09/16/2025 - 12:00

Judgement document from eCourt website

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Case Summary

Samson T George and Babu Mathew are the plaintiffs who sought an interim injunction against Shaheen Nawas Kalathiparambil Abdul Salam and others. The case revolves around allegations of unauthorized occupation and fraudulent transactions regarding apartments and villas.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition for an interim injunction as the plaintiffs failed to establish a prima facie case for the necessary relief.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for an interim injunction as the plaintiffs failed to establish a prima facie case for the necessary relief.
Key Reasoning:
The plaintiffs did not demonstrate a strong prima facie case justifying an order of injunction.
Why Defendant Won:
The plaintiffs did not demonstrate a strong prima facie case justifying an order of injunction.
Supporting Evidence
The petitioners have not made out a prima facie case for grant of the discretionary relief of interim injunction in their favour.

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
Shaheen Nawas Kalathiparambil Abdul Salam
Party Age
47
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
Party Role
Defendant
Party Name
State Bank of India
Plaintiffs Documents
Copies of Power of Attorney, Sale agreements, construction agreements, building permits, various municipal notices
Defendants Documents
Copy of the order passed by the Hon’ble NCLT, Kochi Bench, Copy of the order passed by the Hon’ble High Court

Advocates

Party Role
Plaintiff
Advocate Name
C S Manu
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Dilu Joseph
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
C A Anupaman
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
T B Sivaprasad
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
C Y Vijaykumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Manju E R
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anandhu Satheesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Alint Joseph
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Paul Jose
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Dainy Davis
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Enoch David Simon Joel
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
S Sreedev
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Rony Jose
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Leo Lukose
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Karol Mathews Sebastian
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Derick Mathai Saji
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Karan Scaria Abraham
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Ittoop Joy Thattil
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Abraham Mathew
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anil Abey Jose
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Vishnuja P M
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Amal Tom
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Rekha Nair
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
To restrain 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.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Document executed by the 1st plaintiff in favour of Alex Joseph.
Reference:
Ext.A1
Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Document 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 dated 16.07.2010.
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
Document Type: Court Order
Submitted By: Defendant
Relevance:
Copy of the order passed by the Hon’ble NCLT, Kochi Bench in IA 229/KOB/2023 in IBA/11/KOB/2020.
Reference:
Ext.B1
Document Type: Court Order
Submitted By: Defendant
Relevance:
Copy of the order passed by the Hon’ble High Court in WP(c) No. 40224/24 dated 12.12.24.
Reference:
Ext.B2

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 Shaheen Nawas Kalathiparambil Abdul Salam et al regarding temporary prohibitory injunction
Case Code Year
Case between Samson T George et al vs Shaheen Nawas Kalathiparambil Abdul Salam et al regarding temporary prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 01/01/2024 - 12:00
Case Closed
Tue, 09/16/2025 - 12:00
From
Mon, 09/01/2025 - 12:00
To
Tue, 09/30/2025 - 12:00
Outcome Confidence
70%

Involved Entities

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