ORDER : 1. Heard Mr. Gagan Gupta, learned senior counsel appearing for the petitioners and Mr. Siddharth R. Gupta, learned counsel appearing for the respondents. 2. Application for substitution is allowed. 3. Leave granted. 4. The present appeal has been preferred against the judgment and order dated 26th July, 2024 passed by the High Court of Madhya Pradesh at Indore in First Appeal No. 574 of 2000 whereby the High Court has disposed of the appeal with direction to pay an additional amount of Rs. 50,00,000/- (Rupees Fifty Lakhs only) to be paid to the appellants in addition to amount already paid. The said amount has been deposited by the respondents with the Executing Court. 5. We are not satisfied with the findings recorded by the courts below regarding readiness and willingness of the plaintiffs-respondents in getting the decree of specific performance. 6. There is neither pleading nor any evidence that at any point of time before the timeline, prescribed in the Agreement to Sell, the money was offered by the plaintiffs-respondents to the defendants-appellants. Only bald assertions have been made and some notices have been exchanged as pleaded. Merely stating by way of writing letters that the plaintiffs-respondents is willing to get the sale deed executed without actually tendering the balance sale consideration, in our opinion, is an eyewash. Failure to tender the amount without any justifiable cause disentitles the plaintiffs-respondents for a decree of specific performance. 7. In view of the above, we deem it appropriate to allow the appeal, set aside the impugned judgment and order and dismiss the suit for specific performance for contract. However, as the defendants-appellants has/have retained the advance money of Rs. 4,00,000/- (Rupees Four Lakhs only) tendered to him in the year 1996, for a prolonged period of 28 years, the plaintiffs-respondent would be entitled to a suitable compensation along with the said amount. 8. Considering the facts and circumstances of the case, in order to do complete justice we direct the defendants-appellant to pay an amount of Rs. 40,00,000/- (Rupees Forty Lakhs only) within a period of six weeks to the plaintiffs-respondents. So far as the amount of Rs. 8. Considering the facts and circumstances of the case, in order to do complete justice we direct the defendants-appellant to pay an amount of Rs. 40,00,000/- (Rupees Forty Lakhs only) within a period of six weeks to the plaintiffs-respondents. So far as the amount of Rs. 50,00,000/- (Rupees Fifty Lakhs only) deposited by the plaintiffs-respondents pursuant to the judgment of the High Court lying in deposit with the Executing Court, along with interest accrued, if any, thereon shall be returned to the plaintiffs-respondents within four weeks by the Executing Court from the date of presentation of this order before it. 9. Accordingly, the appeal is allowed, as above. 10. Pending applications, if any, shall stand disposed of.