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
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs did not establish a prima facie case for a grant of interim injunction given the ongoing liquidation proceedings.
The plaintiffs did not establish a prima facie case for a grant of interim injunction given the ongoing liquidation proceedings.
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
Babu Mathew (66 years years)
Theodical House, Theodical P O, Ayroor Village, Ranni Taluk, Pathanamthitta District, Pin – 689613
Defendants
Varghese Bobby Tholath (53 years years)
Zion, Chaluvalil, RSPO, Tiruvalla, Tiruvalla RS, Pathanamthitta, Pin- 689 111
Susan Bobby (47 years years)
Zion, Chaluvalil, RSPO, Tiruvalla, Tiruvalla RS, Pathanamthitta, Pin- 689 111
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 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