JUDGMENT :

A. THE CHALLENGE

1. The Second Appeal is filed challenging the Judgment and Decree passed by the District Judge-4, Kolhapur on 24 November 2022 allowing Regular Civil Appeal No. 54 of 2022 and reversing the Decree dated 2 March 2022 passed by the Civil Judge Senior Division, Kolhapur in Regular Civil Suit No. 505 of 2019.

B. SUBSTANTIAL QUESTIONS OF LAW

2. The Second Appeal is admitted on following substantial questions of law :

(i) Whether limitation under Article 54 of the Limitation Act would begin from the date of oral refusal to perform a contract before occurrence of the contingency, on which performance of contract depends?

(ii) Whether co-owners of property who are confirming parties to agreement for sale are necessary parties in a suit for specific performance of that agreement?

(iii) Whether Plaintiff is entitled to protection of possession under Section 53-A of the Transfer of Property Act, 1882?

(iv) Whether discretionary relief of specific performance can be granted in Plaintiffs favour?

(v) Whether alternate relief of refund of earnest money with interest can be granted in favour of Plaintiff?

3. The learned counsel have placed on record compilation of relevant docum