PIYUSH Vs. PURSHOTTAMDAS BACHUBHAI PITRODA

JUDGEMENT

(1.) In this appeal under Order 43 rule 1 of the Code of Civil Procedure, 1908 ("Code" for short), the appellants have assailed the order dated 15.3.2021 passed by the learned Third Additional Senior Civil Judge, Ahmedabad (Rural) below Exhibit-5 in Special Civil Suit No.216 of 2020 whereunder an application under Order 39 rules 1 and 2 of the Code preferred by the respondent original plaintiff is conditionally allowed.

(2.) I have heard Mr. Dhruv Patel, learned advocate for the appellants and Mr. Jigar Patel, learned advocate on caveat for the respondent.

(3.) Mr. Dhruv Patel submits that the respondent has not shown his readiness and willingness for executing the sale deed by paying the balance sale consideration. He further submits that it was orally agreed between the parties that within nine months of the execution of the agreement to sell the respondent would get the sale deed executed by paying the balance sale consideration. He submits that the respondent has avoided to perform his part of the contract under the agreement to sell. He, therefore, submits that the appeal requires consideration.