=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.313 NO.313 NO.313 OF 2008 OF 2008 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF OF OF MOTION NO.1670 OF 2007 MOTION NO.1670 OF 2007 MOTION NO.1670 OF 2007 IN IN IN SUIT SUIT SUIT NO.3808 NO.3808 NO.3808 OF 2003 OF 2003 OF 2003 Jayshree Vinod Shah ...Appellant v/s M/s Shanil Builders and others ...Respondents Mr Rajiv Narula i/b M/s Jhangiani, Narula and Associates for Appellant. Mr S.S. Kulkarni i/b Mr V.S. Bhadkamkar for Respondent Nos.1 to 3. Mr Kezer Kherwala i/b M/s R.K. Associates for Respondent Nos.4 to 10. CORAM CORAM CORAM : D.K. DESHMUKH AND R.S. MOHITE JJ. : D.K. DESHMUKH AND R.S. MOHITE JJ. : D.K. DESHMUKH AND R.S. MOHITE JJ. DATE DATE DATE : 2ND MAY 2009 2ND MAY 2009 2ND MAY 2009 =2= P.C. :- 1. Heard learned counsel for both the sides. Perused the record. It is obvious that the agreement because of which the appellant purchased the flat was an incomplete agreement because the letter which was to specify which are the flats which can be sold by the builder was admittedly not annexed. In the suit filed by the plaintiff, consent terms were arrived at which shows that the plaintiff has quantified her claim in terms of money. In our opinion, therefore, prima facie the plaintiff would not be entitled to a decree of specific performance. We do not see any merit in the appeal. Appeal is rejected. . At the request of the learned counsel for appellant, the operation of the interim order presently operating is continued for a period of four weeks from today. Notices of motion No.1670 of 2007 and 2615 of 2008 are disposed off. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. =3= . Certified copy is expedited. ( D.K. DESHMUKH J.) ( R.S. MOHITE J.)