IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR SECOND APPEAL NO.300 OF 2009 SUKHDEO KHUSHALRAO KALPANDE ...VS.. RAMESH NAVSALKAR & ORS Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 14 /10 / 2010 Heard Shri Chandurkar, the learned counsel for the appellants. The second appeal is admitted on the following substantial questions of law: 1] Whether the finding recorded by the trial court that the plaintiff had waived his right to purchase four acres of land which was sold to the appellant/ defendant no.2 on 4.5.1968 by the defendant no.1, as only 2 acres of land was purchased by the plaintiff on 1.1.1969 could have been reversed by the first appellate court without assigning any cogent reason for reversing the same ?. 2] Whether the findings recorded by the High Court in S.A.275/1971 operated as res- judicata in the present suit and were binding upon the parties when the subject matter of the present suit and the subject matter of the regular civil suit from which the Second Appeal No.275/1971 arose was different ? R & P may be retained. Shri Kavimandan, the learned counsel waives notice of final hearing on behalf of respondent no.1 to 4. JUDGE CIVIL APPCIATION CAS NO.603/2009 Heard the learned counsel for the parties. Since the second appeal is admitted on substantial question of law, it would be necessary to stay the effect and operation of the judgment and decree passed by the first appellate court. Hence the judgment and decree passed by the first appellate court is stayed during the pendency of the second appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE SMP.