1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 667 OF 2008 Tanaji Bhau Madane & ors........Appellants versus Sampat Jagu Jadhav (Ramoshi) & ors........ Respondents. Mr. V.S. Talkute adv. for the Appellants Mr. Milind Deshmukh adv. for the respondents CORAM: RANJIT V. MORE, J. DATED : 10th DECEMBER,2008. P.C.: 1. Heard Mr. Talkute learned counsel for the appellant and Mr. Deshmukh for the respondents. The appellant is the original plaintiff and respondents are original defendants. The appellant's suit for specific performance of contract was dismissed by the trial court. The trial Court's judgment and decree was confirmed by the lower appellate court. Both the courts below concurrently held that the appellants have failed to prove that they are and were ready and willing to perform their part of the contract. This negative finding of readiness and willingness has recorded after appreciation of evidence on record. The appreciation cannot be said to be perverse. 2. Mr. Talkute learned counsel submitted that the finding 2 of the lower courts below that appellants were not ready and willing, is perverse. This submission is devoid of merit as in the written statement itself respondent no.1 showed his readiness and willingness to execute the agreement. Thereafter separate application was also filed by the respondent no.1 requesting the appellant/plaintiff to get the sale deed executed. However the appellant raised dispute about earnest money. In these facts and circumstances, in my opinion, the lower courts have correctly recorded the finding. Hence I do not find any merit in the Second Appeal, and the same is accordingly dismissed. (R. V. More, J.)