VidhiSangh

Supreme Court of India · 21/09/2023

SURESH LATARUJI RAMTEKE versus SAU. SUMANBAI PANDURANG PETKAR & ORS.

[2023] 12 S.C.R. 488 · 2023 INSC 846

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Summary

The Supreme Court remitted a second appeal after the High Court framed substantial questions of law, heard them immediately and reversed concurrent specific-performance findings without adequate opportunity or the trial record. Parties must have sufficient time to meet the questions, and exceptional interference with facts requires examination of the evidence underlying them. The underlying entitlement to specific performance was left for fresh consideration.

Issues

  1. Whether framing and immediately deciding substantial questions afforded adequate hearing under Section 100.
  2. Whether concurrent findings of readiness and willingness could be reversed without examining the trial record.

Provisions considered

Held

Result

Appeal allowed without costs. High Court judgment dated 30 September 2022 set aside and second appeal restored for fresh consideration in accordance with law. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 12 S.C.R. 488.