Sarita Subhash Kurade vs Ishwar Laxman Kurade, since deceased through his heirs and legal representatives — Bombay HC (2025) — LawSathi Research

Sarita Subhash Kurade vs Ishwar Laxman Kurade, since deceased through his heirs and legal representatives — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Second appeal admitted on five substantial questions of law; respondents to be served by private service in addition to court notice with service affidavit; record and proceedings called for; printing dispensed with; private paper book to be filed within one year; appellant open to exploring amicable settlement.

Issue for consideration

When execution of the agreement and payment of part consideration of Rs.75,000/- was proved, whether the reasons recorded by both the courts on readiness and willingness of the plaintiff would be sustainable, in as much as the plaintiff has examined PW-3 to support her pleadings regarding payment of balance consideration amount in two installments? +4 more

Detailed headnote1 paragraphs

Second Appeal No. 729 of 2024 — Sarita Subhash Kurade v. Ishwar Laxman Kurade (since deceased) through his heirs and legal representatives — High Court of Judicature at Bombay, Civil Appellate Jurisdiction — admission order dated 21 January 2025 by Gauri Godse, J. The second appeal, arising from a dispute over an agreement for sale between the appellant and defendant no. 1, her father-in-law, is admitted on five substantial questions of law, all turning on the plaintiff's readiness and willingness: (i) sustainability of the reasons recorded by both the courts despite proof of execution of the agreement and payment of part consideration of Rs.75,000/- and the plaintiff's examination of PW-3 on payment of the balance consideration in two installments; (ii) whether both the courts erred, considering the relations between the parties, in not correctly appreciating the evidence on such installment payments; (iii) whether the first appellate court erred in ignoring the plaintiff's stamp-duty payment pursuant to an order impounding the documents and her deposit of the balance consideration pending first appeal; (iv) whether the findings of both the courts on readiness and willingness amount to incorrect appreciation of the evidence; and (v) whether handing over possession of the suit property pursuant to the agreement supports her contention of readiness, willingness and installment payments. Respondents to be served privately besides court notice; record and proceedings called for; printing dispensed with; private paper book within one year; counsel indicated openness to amicable settlement. No substantive holding was rendered at this stage.

9-SA-729-2024.docx

rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

SECOND APPEAL NO. 729 OF 2024

Sarita Subhash Kurade … Appellant

Vs.

Ishwar Laxman Kurade since … Respondents deceased through his heirs and legal representatives

Mr. Pradeep Gole a/w. Mr. Suraj Shejwal for the Appellant.

CORAM : GAURI GODSE, J.

DATE : 21^st JANUARY 2025

ORDER :

Heard learned counsel for the appellant. This second appeal is admitted on the following substantial questions of law :

(i) When execution of the agreement and payment of part consideration of Rs.75,000/- was proved, whether the reasons recorded by both the courts on readiness and willingness of the plaintiff would be sustainable, in as much as the plaintiff has examined PW-3 to support her pleadings regarding payment of balance consideration amount in two installments?

(ii) Considering the relations between the parties whether both the courts erred in not correctly appreciating the

Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date: 2025.01.23 22:05:40 +0200

1/3

9-SA-729-2024.docx

evidence adduced by the plaintiff to support her contentions regarding payment of balance consideration amount in two installments ?

(iii) Whether the first appellate court erred in not considering the plaintiff’s conduct of making payment towards stamp duty as per the order passed for impounding the documents and depositing the balance consideration pending first appeal to support her readiness and willingness to perform her part of the contract ?

(iv) Whether the findings recorded by both the courts on readiness and willingness of the plaintiff would amount to incorrect appreciation of the evidence on record ?

(v) Whether handing over possession of the suit property to the plaintiff pursuant to the agreement for sale would support the plaintiff’s contention about her readiness and willingness and payments made in installments to defendant no. 1 who is her father-in-law ?

In addition to the court notice, learned Advocate for the appellant shall serve the respondents by private service and file service affidavit.

2/3

9-SA-729-2024.docx

Call for record and proceedings.

Printing is dispensed with.

Learned Advocate for the appellants shall file private paper book within one year from today.

Learned counsel for the appellant on instructions submits that considering the nature of the dispute and the relations between the parties, she would be agreeable to explore possibility of an amicable settlement.

[GAURI GODSE, J.]

3/3