(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. SECOND APPEAL No. 26/2011 Sau. Ranjana Vithal Mahalle and another. VERSUS Anandrao Marotrao Pule and another. ________________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM : R.M.SAVANT, J. DATED : 04.02.2011. Heard Shri S.K. Sable, the learned Counsel for the appellants and Shri S.S. Sharma, the learned Counsel for respondent no.1. This appeal takes exception to the judgment and decree dated 25.01.2010 passed in Regular Civil Appeal No.551/2006 by which the judgment and decree of specific performance dated 01.09.2006 passed by the learned Civil Judge, Senior Division, Nagpur in Special Civil Suit No. 471/1997 came to be confirmed. The appellants herein are the original defendants. The suit filed by the respondent no.1/plaintiff was for specific performance of the agreement dated (2) 06.06.1996. The agreement was in respect of sale of suit field for a total consideration of Rs. 1,48,000/- @ Rs.32000/- per acre and the plaintiff paid an amount of Rs. 1,15,000/- as earnest money on the same date i.e. 06.06.1996. Both the Courts below have concurrently held that the plaintiff was ready and willing to perform his part of the agreement, however, the defendants were not ready to reciprocate. Both the Courts have held that the agreement in question stands proved and the receipt of amount of Rs. 1,15,000/- also stands proved. In my view, considering the findings of fact recorded by both the Courts below as regards the readiness and willingness of the plaintiff to perform his part of the contract, the above Second Appeal does not raise any substantial question of law, which is accordingly dismissed. In view of the dismissal of the Second Appeal Civil Application (S) No.38/2011 does not survive. The same is accordingly disposed of. No costs. JUDGE Rgd