: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.754 OF 2007 WITH CIVIL APPLICATION NO.1057 OF 2007 IN NOTICE OF MOTION NO.1661 OF 2007 IN L.C.SUIT NO.1115 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.L.H. Patil with Mr.A.N. Talreja and Mr.A.A. Talreja for the Appellants. Mr.S.P. Pandey for Respondent Nos.1 to 3. CORAM : S.J. VAZIFDAR, J. DATED : 2ND MAY, 2008. P.C. : 1. The suit is filed merely for an injunction restraining the Respondents from entering into an agreement with any other party for repairs/reconstruction of the building on the ground that the Respondents had earlier entered into an agreement in respect of the work with the Appellant and that the Respondents had : 2 : wrongly terminated the same. 2. Such a claim cannot be granted. The Appellants have not even prayed for specific performance. In any event specific performance of such a contract cannot be granted. It is a mere construction contract where the Appellants were engaged only to repair the building. The Appellants’ claim, if any, is only in damages. It can hardly be suggested that the work on the building must be stayed in this suit or in any proceeding for the enforcement of the Appellants’ alleged rights. 3. In the circumstances, the Appeal from Order is dismissed. The Civil Application is also dismissed.