1 ao156-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO.156 OF 2011 Eknath Martand Belhekar .. Appellant V/s. Perfect Builders & Developers & Ors. .. Respondents ..... Mr. Ajay S. Patel for the appellant. Mr. Abhijit P. Kulkarni for the respondents. ..... CORAM : A. S. OKA, J. DATE : MARCH 21, 2011. P.C.:- Admittedly the appellant-plaintiff is a building contractor appointed by first to third respondents. Even assuming that the first to third respondents have committed any breach of any of the terms and conditions of the building contract, the appellant-plaintiff is not entitled temporary injunction restraining first to third respondents from creating third party interests in respect of the lands on which buildings were to be constructed and restraining the said 2 ao156-11 respondents from carrying out any construction work. The plaintiff being a building contractor can always seek relief of recovery of the amount payable to him as per the building contract. In the event of breach of any terms and conditions mentioned in the building contract, he can pray for damages. Applicant-plaintiff is not entitled to seek temporary injunction under Rules 1 and 2 of the Order XXXIX of the Code of Civil Procedure, 1908. In a given case in a suit for damages, a building contractor can apply for attachment before judgment of the property of the defendant. 2. Hence, the order of the trial Court declining to grant the temporary injunction cannot be faulted. Appeal is, accordingly, dismissed with no order as to costs. 3. Civil Application No.227 of 2011 does not survive and the same is disposed of. 4. All contentions of the parties in the pending suit are kept open. 5. Hearing of the suit is expedited. 3 ao156-11 6. Civil Application No.7576 of 2011 also stands disposed of. JUDGE