IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH CIVIL APPELLATE JURISDICTION FIRST APPEAL No. 164 OF 2009 WITH CIVIL APPLICATION No. 482 OF 2009 Ramaiyya A. Swami ... Appellant Vs Chandraprakash S. Nawal ... Respondents Mr. H. S. Venegaonkar, for the Appellant. None for the Respondents. CORAM: A. P. DESHPANDE, J. DATED: FEBRUARY 3, 2009. P.C.: ---- . This appeal is directed against the judgment and decree passed by the trial Court, decreeing the suit filed by the plaintiffs/respondents for specific performance of contract. 2. The parties have entered into an agreement of sale in regard to the suit premises. The agreement is in writing, duly signed by the present appellant and his 2 sons, viz. appellant Nos. 2 and 3 as consenting parties. After issuance of notice, calling upon the defendants/appelants to execute a sale deed and on failure on the part of the appellants to do so, respondent had filed suit for specific performance. 3. The plaintifsf/respondents led oral, so also - 2 - documentary evidence to establish execution of the agreement to sale and the terms of the said agreement. The present appellants chose not to lead evidence, whatsoever either oral or documentary, and hence, Court passed a decree in favour of the plaintiffs. In this appeal only one contention is raised and the same is to the effect that the trial Court has not reorded any finding, so far as readiness and willingness of the plaintiff to perform his part of contract is concerned. This submission is wholly devoid of substance in as much as in paragraph 8 of the judgment, the Court has observed that plaintiff has categorically deposed by entering into the witness box about his ever readiness and willingness to perform his part of the contract. Such a statement was also made in the notice issued by the plaintiff to the defendants, prior to the filing of the suit. In the absence of any evidence being led by the defendants, the uncontraverted evidence of the plaintiff about his readiness and willingness to perform his part of the contract is established. There being no substance in the appeal, the same is summarly dismissed. 4. In view of dismissal of the appeal, Civil Application No. 482 of 2009 is disposed of, being rendered infructuous. - 3 - Sd/- [ A. P. DESHPANDE, J.]