( 1 ) THIS first appeal is directed against the Judgment and order (deemed decree) dated 9th October, 1997, passed by the Executive Court on an application under Order 21, Rule 97 of Code of Civil Procedure (cpc, for short ).

( 2 ) THE appeal arises in the facts and circumstances which may be briefly indicated first :"i. By an Agreement for Sale dated 5th August, 1989, the first respondent agreed to sell the Flat No. 201. St. Inez, Panaji, Goa, to the appellant for a consideration stated therein. ii. The respondent No. 1 failed to honour the agreement for sale which necessitated the appellant to file a suit for specific performance and delivery of possession against the respondent no. 1 on 13-2-1991. iii. In the suit filed by the appellant, an application was made for temporary injunction restraining the respondent No. 1 from inducting any third party. iv. The ex parte temporary injunction was granted by the Trial Courts on 13-2-1991 which was later on confirmed on 27-8-1991. v. The dispute raised by the present appellant in the suit for specific performance and delivery of possession was referred to the Arbitrator. vi. On 27-5-1993, the Arbitrator passed an Award in favour of the

Click Here to Read the rest of this document