Enjoining Order issued against sale of apartments at ‘606 THE ADDRESS’ Galle Road

Saturday, 9 November 2024 00:39 - - {{hitsCtrl.values.hits}}

The Colombo Additional District Judge Chamari Weerasooriya J., has issued an enjoining order preventing the developers of the property at ‘606 THE ADDRESS’ a luxury apartment development, from transferring the said property or any part thereof to a third party until 21 November.

The plaintiff stated in the plaint that the property belonged to an entity known as the Uvais Trust and that the plaintiff’s siblings had violated Section 90 of the Trust Ordinance No. 09 of 1917 by obtaining a pecuniary interest through misleading the plaintiff and acquiring additional sums of money from EAM Maliban Textiles, the ultimate purchaser of the property. The plaintiff further contended that the funds were obtained in bad faith through EAM Maliban Textiles.

Additionally, the plaintiff argued that EA Macro Holdings had violated Section 98 of the Trust Ordinance, thereby not qualifying as a purchaser in good faith, and sought a declaration to this effect from the court.

The learned District Judge further directed that a lis pendens be registered against the property.

Farman Cassim PC, with Chameera Haputhantri and Faadhila Thassim, instructed by Neethika Partners appeared for the plaintiff.