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
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs did not demonstrate a strong prima facie case justifying an order of injunction.
The plaintiffs did not demonstrate a strong prima facie case justifying an order 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
Shaheen Nawas Kalathiparambil Abdul Salam (47 years)
Kalathipurabil House, Opposite Sarangi Theatre, Thrissur, Pin- 680026
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
State Bank of India (Age not specified years)
State Bank Bhavan, M C Road, Nariman Point, Mumbai, Maharashtra, Pin- 400021
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