ORDER :

1. Application for substitution is allowed.

2. Leave granted.

3. These appeals arise out of the judgment and order dated 20-04-2020 passed by the High Court of Andhra Pradesh at Amravati in A.S. No. 531/2008.

4. Civil suit¹[O.S. No.209 of 2006 in the Court of Senior Civil Judge, Vizianagaram filed by respondent no.1 in both appeals – Vudagiri Venkata Rao.] seeking specific performance of agreement dated 09.10.2004 was dismissed by the Trial Court holding inter alia that the plaintiff had failed to prove the genuineness of the agreement dated 09.10.2004 and that the appellant herein was a bonafide purchaser for consideration without notice of said agreement dated 09.10.2004.

5. In paragraph 15 onwards of its judgment, the Trial Court also noted certain facts touching upon the question of readiness and willingness on part of the plaintiff.

6. In the first appeal arising therefrom, the matter was considered by the High Court under Point No.2, in paragraphs 70 to 76 of its judgment as under:

“POINT No.2:-

70. The evidence of the appellant as P.W.1 is that he was ready and willing to perform his part of the contract in terms of Ex.A1. Reasons are assigned while discussing point No.1 tha