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O.S. No. 622/2024

Case between Samson T George et al vs Varghese Bobby Tholath et al regarding construction agreement dispute

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M
Order Date
2025-09-16
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves petitioners who are attempting to seek a temporary injunction regarding a disputed construction agreement and property ownership. The defendants are accused of fraudulently transferring ownership of properties without the consent of the plaintiffs.

Judgment Outcome

Defendant Won
Interim Order
The petition seeking a temporary injunction against the defendants has been dismissed. The court found that the plaintiffs did not make a prima facie case for the injunction.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition seeking a temporary injunction against the defendants has been dismissed. The court found that the plaintiffs did not make a prima facie case for the injunction.
Key Reasoning:
The plaintiffs did not establish a prima facie case for a grant of interim injunction given the ongoing liquidation proceedings.
Why Defendant Won:
The plaintiffs did not establish a prima facie case for a grant of interim injunction given the ongoing liquidation proceedings.
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
Party Role
Plaintiff
Party Name
Babu Mathew
Party Age
66
Relation
S/o
Party Role
Defendant
Party Name
Varghese Bobby Tholath
Party Age
53
Party Role
Defendant
Party Name
Susan Bobby
Party Age
47
Relation
W/o
Party Role
Defendant
Party Name
Arun Kumar K
Party Age
59
Relation
S/o
Party Role
Defendant
Party Name
Official Liquidator, MIR Realtors Pvt. Ltd
Plaintiffs Documents
Original Power of Attorney executed by the 1st petitioner in favour of Alex Joseph, Original of the Power of Attorney executed by the 2nd petitioner in favour of Alex Joseph, True copy of Sale agreement executed by the 1st petitioner through his power of attorney holder as the vendor in favour of the 1st and 2nd respondents.
Defendants Documents
Copy of the order passed by the Hon’ble NCLT, Kochi Bench in IBA/11/KOB/2020, Copy of Joint Venture agreement executed by the petitioners.

Advocates

Party Role
Plaintiff
Advocate Name
C S Manu
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Dilu Joseph
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Enoch David Simon Joel
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Refused
Description:
Interim injunction restraining the first respondent from alienating, encumbering, or altering the Q schedule property.
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:
Executed by the 1st petitioner in favor of Alex Joseph.
Reference:
Ext.A1
Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Executed by the 2nd petitioner in favor of Alex Joseph.
Reference:
Ext.A2
Document Type: Sale Agreement
Submitted By: Plaintiff
Relevance:
Executed by the 1st petitioner through his power of attorney holder in favor of the 1st and 2nd respondents.
Reference:
Ext.A3
Document Type: Construction Agreement
Submitted By: Plaintiff
Relevance:
Executed between the 2nd petitioner and the 1st and 2nd respondents.
Reference:
Ext.A4
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Copies of various sale deeds of properties in Thrikkakkara.
Reference:
Ext.A5, Ext.A6, Ext.A7, Ext.A8, Ext.A12, Ext.A13, Ext.A14, Ext.A15
Document Type: Municipal Notice
Submitted By: Plaintiff
Relevance:
Notice issued by Thrikkakkara Municipality regarding unsafe occupation.
Reference:
Ext.A9
Document Type: Email
Submitted By: Plaintiff
Relevance:
Email regarding the Joint Venture Agreement produced by MIR Realtors Pvt. Ltd.
Reference:
Ext.A10
Document Type: Court Order
Submitted By: Plaintiff
Relevance:
Order in W A No. 306/2025 passed by the Division Bench of the Hon’ble High Court of Kerala.
Reference:
Ext.A11
Document Type: Building Permit
Submitted By: Plaintiff
Relevance:
Building permit issued by the Thrikkakkara Municipality.
Reference:
Ext.A18
Document Type: NCLT Order
Submitted By: Defendant
Relevance:
Order passed by the Hon’ble NCLT, Kochi Bench in IBA/11/KOB/2020.
Reference:
Ext.B1
Document Type: Joint Venture Agreement
Submitted By: Defendant
Relevance:
Joint Venture agreement executed by the petitioners.
Reference:
Ext.B15

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Fraudulent transfer
Case Code
Case between Samson T George et al vs Varghese Bobby Tholath et al regarding construction agreement dispute
Case Code Year
Case between Samson T George et al vs Varghese Bobby Tholath et al regarding construction agreement dispute

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Mon, 09/01/2025 - 12:00
To
Tue, 09/30/2025 - 12:00
Outcome Confidence
75%

Involved Entities

Private Individual

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