Bombay High Court
Ashok Narayan YemulversusNarendra Dasharath Gaikwad
- Decided
- Disposal
- Disposed Off
Holding
The second appeal is dismissed as it involves only factual inquiry and no substantial question of law.
Summary
The appellant filed a second appeal challenging the first appellate court’s dismissal of his suit for specific performance of a sale agreement dated 22 October 2005. The trial court had found that the plaintiff was ready and willing to perform his contractual obligations, a finding affirmed by the first appellate court. The second appellate court examined whether any substantial question of law arose concerning the existence of a valid agreement and the plaintiff’s readiness to perform. Finding that the matter was purely factual with no legal issue, the court rejected the second appeal. The interim application filed alongside the appeal was also disposed of.
Issues considered
- Whether the second appeal raises a substantial question of law regarding the existence of a valid agreement for sale and the plaintiff's readiness to perform.
Subjects
- specific performance
- agreement for sale
- second appeal
- factual inquiry
- contract law
Judgment
2026:BHC-AS:38328
Renuka Thakur 12-SA-202-2025.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 202 OF 2025
WITH
INTERIM APPLICATION NO. 3370 OF 2025
Ashok Narayan Yemul ...Appellant/Applicant
V/s.
Narendra Dasharath Gaikwad ...Respondent
________________
Mr. Avinash B. Avhad with Mr. Abhijeet Gosavi for Appellant.
Mr. Aryavrat S. Dubey i/b Mr. Rohit S. Gangawane for Respondent.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 18 SEPTEMBER 2026.
P.C.:
1) By this Appeal, the Appellant has challenged the judgment
and decree dated 2 September 2024 passed by the first Appellate Court
dismissing the Appeal and confirming the Trial Court’s decree dated 6
October 2009 passed in SCS No. 1174 of 2007.
2) I have heard Mr. Avhad, the learned counsel appearing for
the Appellant and Mr. Dubey, the learned counsel appearing for
Respondent.
Page No.1 of 2
18 SEPTEMBER 2026
Renuka Thakur 12-SA-202-2025.docx
3) The suit was filed for specific performance of the Agreement
for Sale dated 22 October 2005. The Trial Court has recorded emphatic
finding of readiness and willingness on the part of Plaintiff to perform
his part of the contract. The finding is confirmed in Appeal by the first
Appellate Court. Thus, what is conducted by both the Courts is a mere
factual inquiry into existence of valid agreement for sale and readiness
and willingness on the part of Plaintiff to perform his part of contract.
No substantial question of law is involved in the Appeal.
4) Second Appeal is accordingly rejected.
5) Interim Application is also disposed of.
[SANDEEP V. MARNE, J.]
Signed by: Renuka S Thakur
Page No.2 of 2
Designation: PA To Honourable Judge 18 SEPTEMBER 2026
Date: 21/09/2026 15:00:05
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