Extracted from the PDF above. The PDF is authoritative.
Renuka Thakur 12-SA-202-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 202 OF 2025 WITH INTERIM APPLICATION NO. 3370 OF 2025 Ashok Narayan Yemul ...Appellant/Applicant V/s. Narendra Dasharath Gaikwad ...Respondent ________________ Mr. Avinash B. Avhad with Mr. Abhijeet Gosavi for Appellant. Mr. Aryavrat S. Dubey i/b Mr. Rohit S. Gangawane for Respondent. ________________ CORAM: SANDEEP V. MARNE, J.
DATED: 18 SEPTEMBER 2026. P.C.: 1) By this Appeal, the Appellant has challenged the judgment and decree dated 2 September 2024 passed by the first Appellate Court dismissing the Appeal and confirming the Trial Court’s decree dated 6 October 2009 passed in SCS No. 1174 of 2007. 2) I have heard Mr. Avhad, the learned counsel appearing for the Appellant and Mr. Dubey, the learned counsel appearing for Respondent. Page No.
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2 18 SEPTEMBER 2026 2026:BHC-AS:38328
Renuka Thakur 12-SA-202-2025.docx 3) The suit was filed for specific performance of the Agreement for Sale dated 22 October 2005. The Trial Court has recorded emphatic finding of readiness and willingness on the part of Plaintiff to perform his part of the contract. The finding is confirmed in Appeal by the first Appellate Court. Thus, what is conducted by both the Courts is a mere factual inquiry into existence of valid agreement for sale and readiness and willingness on the part of Plaintiff to perform his part of contract. No substantial question of law is involved in the Appeal. 4) Second Appeal is accordingly rejected. 5) Interim Application is also disposed of.
[SANDEEP V. MARNE, J.] Page No.
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2 18 SEPTEMBER 2026 Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 21/09/2026 15:00:05