SHONEY SANIL Vs. COASTAL FOUNDATIONS P LTD

JUDGEMENT

(1.) This Writ Petition is filed invoking Article 227 of the Constitution, challenging Ext.P7, an injunction order issued by the District Court, on an application filed by the first respondent herein under Section 9 of the Arbitration and Conciliation Act, 1996, hereinafter-referred to as the 'Act'.

(2.) Respondents 3 and 4, the then owners of an item of property and the first respondent entered into an agreement to build, the first respondent herein being the builder and respondents 3 and 4 being the owners of the land. It appears that respondents 3 and 4 styled themselves as 'M/s. Vilas Constructions', a firm, the second respondent in this Writ Petition.

(3.) As against respondents 2 to 4, a third party filed a suit before a competent civil court and obtained a decree, in execution of which, the item of property in question was brought to sale and the writ petitioner purchased it. He was issued Ext.P1 sale certificate. This was followed by delivery of the property to him, as evidenced by Ext.P2. According to the writ petitioner, he is thus in possession of the property. Going by the documents, there is no reason to assume to the contrary.