NUTAN D.SARDESSAI, J.

1. This is an appeal at the instance of the original defendants challenging the order passed by the Senior Civil Judge, Mapusa, pursuant to which he granted the injunction and restrained the defendants from undertaking any construction in the suit plot and creating third party rights therein till further orders. It goes without saying that the respondents no.1 to 3 are the original plaintiffs while the respondent no.4 is the original defendant no.3 who had neither participated in the proceedings before the Trial Court nor in the Appeal.

2. Shri J. Coelho Pereira, learned Senior Advocate came to be heard on behalf of the appellants who submitted that the impugned order did not at all consider the cardinal principles in the grant of injunction namely a prima facie case, irreparable injury and balance of convenience. The learned Trial Judge had not considered the Agreement dated 7.12.1990 entered into between the appellants and the respondent no.1 and her deceased father with the respondent no.4. The learned Trial Court had failed to consider that the application was hit by delay and laches and did not consider the Agreement and the Declarations in their