Sumitra Narayan Bodhekar and Others v. Kisan Gajanan Bhute and Others
Case brief
What is this about?
Bombay High Court, Nagpur Bench, Second Appeal No.296 of 2024 (Rohit W. Joshi, J., decided 09.12.2025): dismissal of second appeal by Sumitra Narayan Bodhekar and ors against Kisan Gajanan Bhute, upholding concurrent findings rejecting a suit for specific performance of an agreement of sale dated 03.06.1994. Key points: non-proof of the agreement (original not produced, no secondary evidence led); lack of readiness and willingness evidenced by 21-year silence; rejection of Order 41 Rule 27 CPC application for additional evidence (7/12 extracts readily available earlier); no substantial question of law. Keywords: specific performance, agreement to sell, proof of agreement, secondary evidence, willingness, delay, Order 41 Rule 27, additional evidence, 7/12 extract, substantial question of law, second appeal.
What did the court decide?
On perusal of the judgments, the plaintiff did not prove the agreement in question and did not take appropriate steps for leading secondary evidence of it; the finding recorded by both the learned Courts on this count is just and proper.