( 1 ) THIS is an appeal filed under Section 37 of the Arbitration and conciliation Act, 1996, against the order dated 19-4-1997, in miscellaneous Case No. 23 of 1997, on the file of the learned district Judge, Dakshina Kannada at Mangalore.

( 2 ) THE appellant here in filed an application before the lower Court under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act') and sought for permanent injunction to restrain the respondent, his men or agents or any person claiming through him from tresspassing into or in any way interfering with the peaceful possession and enjoyment of A and B Schedule properties shown in the application.

( 3 ) ALONG with the said application, the appellant here in also filed I. A. II under Section 9 (d) of the Arbitration Act read with order 39, Rules 1 and 2 and Section 151, CPC and sought for an ad-interim order of temporary injunction against the respondent and his men.

( 4 ) AFTER entertaining the application, the Trial Court passed an ex parte order of temporary injunction on 19-3-1997. After receipt of the Court notice, the respondent herein appeared before the lower Court and file