THE HON’BLE SRI JUSTICE GODA RAGHURAM C.R.P.No. 4082 of 2011. ORDER: This revision is directed against the order dt. 17.8.2011 in I.A.No. 952 of 2010 in O.S.No. 179 of 2010 passed by the learned II Additional District Judge, Visakhapatnam. The revision petitioner is the defendant in the suit filed by the respondent for specific performance of an agreement of sale dt. 9.3.2007 of an urban property for a value of Rs. 1,40,00,000/-. Rs. 10,00,000/- was paid towards advance on the date of agreement. I.A.No. 952 of 2010 was filed for a direction to the plaintiff to deposit the balance sale consideration of Rs. 1,30,00,000/- without prejudice to the defendant’s claim in the suit that the plaintiff was not ready and willing or able to pay the balance sale consideration and also that time being the essence of the contract having regard to the market fluctuating conditions of urban properties, specific performance be denied. The Court below while rejecting the application held that the purchaser to prove himself to be ready and willing to perform his obligation under the agreement of sale, need not carry money at all times nor should carry cash with him and it is sufficient for the purchaser to establish that he has capacity to pay the sale consideration. This court discerns no error in the application of law or exercise of discretion warranting interference under Article 227 of the Constitution. The revision is accordingly dismissed. There shall be no order as to costs. ____________________ GODA RAGHURAM, J 14.10.2011. KRB. THE HON’BLE SRI JUSTICE GODA RAGHURAM C.R.P.No. 4082 of 2011. ORDER: Dt. 14.10.2011.