: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.954 OF 2008 WITH CIVIL APPLICATION NO.1155 OF 2008 James M. Fernandes ....Appellant V/s. Smt.Santan J. D’Souza & Ors. ....Respondents Ms.Gauri Godse for the Appellant. Mr.P.K. Dhakephalkar, Senior Counsel with Mr.Amol P. Mhatre for Respondent Nos.1 to 3. CORAM : S.J. VAZIFDAR, J. DATED : 7TH OCTOBER, 2008. P.C. : 1. The impugned order warrants no interference. The suit is filed for specific performance. The impugned order rejects the usual prayers in such a suit for interim reliefs. 2. The alleged agreement is dated 10.1.2005. There is nothing to indicate that the Appellant did anything towards the implementation of the said agreement except the allegation that part payment was made in cash and by bearer cheques. On 24.4.2007, Respondent No.1 sold the property to Respondent No.2 by a registered conveyance. : 2 : 3. The alleged suit agreement is denied by Respondent No.1, who is a vendor. The receipt of the part payment is denied. However, what is important is that Respondent No.1 is only one of the co-owner of the said property. Admittedly the other co-owners are not the parties to the sale or the suit. 4. In the circumstances, the Appeal from Order is dismissed. The Civil Application is also dismissed.