: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.906 OF 2008 ALONGWITH CIVIL APPLICATION NO.1088 OF 2008 IN APPEAL FROM ORDER NO.906 OF 2008 B.S. Developers .. Appellants V/s. Kanta Sahebrao Kakade & Ors. .. Respondents Mr. Girish Godbole for the Appellants. Mr. Asif Iqbal I. Patel for Respondent No.2. CORAM : SMT. NISHITA MHATRE, J. DATED : 16 TH NOVEMBER, 2009. P.C.: 1. The Appeal from Order has been preferred against an order dated 3rd April, 2008 rejecting Application at Exhibit-5 filed by the appellants- plaintiffs for interim relief. The document on which the appellants-plaintiffs have relied upon is a Memorandum of Understanding which stipulates that on payment of Rs.27 lacs to the vendor “a comprehensive agreement of sale / development / conveyance of the said property in favour of the second party and / or his nominees/assignees, will be executed within 25 days of the Memorandum of : 2 : Understanding” being arrived at. The trial Court has held that, prima facie, this Memorandum of Understanding cannot be considered as a concluded contract and, therefore, has not granted any interim relief. 2. In my opinion, the trial Court cannot be faulted since, prima facie, it appears that the document relied upon by the appellants-plaintiffs is not a concluded contract. Admittedly, the amount of Rs.27 lacs has not been paid to the respondents. 3. In this view of the matter, the Appeal from Order is rejected. 4. The observations of the trial Court and of this Court are made at the prima facie stage and, therefore, the trial Court will not be influenced by these observations when the Suit is finally decided. 5. In view of the above, Civil Application No.1088 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......