2312sa457.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. SECOND APPEAL No. 457/2011. Sarfarajkhan Abdullakhan and another -VERSUS- Smt. Ramadevi Ashokkumar (Kakrania) Agrawal _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI, J. DATED : DECEMBER 23, 2011. Heard Shri Sudhir Malode, learned Counsel for appellants. The Trial Court as also the Appellate Court has found the appellants/plaintiff not ready and willing to perform their part of the contract. Plaintiffs claimed that documents pertaining to ownership of defendant over the suit property were not supplied to them and therefore, the transaction could not take place. Trial Court as also Appellate Court has also found that these documents were already in possession 2312sa457.11 2 of the appellants/plaintiffs. This finding reached by the trial Court in paragraph no.6 of its judgment which also shows its conclusion that the appellants/plaintiffs were hesitant to accept that they were already in possession of these documents (Exh. Nos. 36 and 37), was not specifically assailed in memo of First Appeal. Even there are no oral arguments advanced questioning it. In this situation, effort of learned counsel for appellants to show that the documents were not supplied by the defendant, or then the documents were not relevant, as they were of earlier period, cannot be countenanced for the first time in Second Appeal. No substantial questions of law arise for consideration in this Appeal. The same is, therefore, dismissed. No costs. JUDGE Rgd