1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR SEcond Appeal NO. 26/2010 (Rambhau Rajaram Gadekar VERSUS Umabai wd/o Ramji Raut (Dead) thr. L.Rs Yamunabai wd/o Madhukarrao Raut & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.P. Dharmadhikari, Senior counsel with Shri D.V. Chauhan and Shri Kartik Shukul, counsel for the appellant. Shri V.P. Panpalia, counsel for the R-2(i). CORAM : SMT. VASANTI A. NAIK, J. DATE : DECEMBER 1 , 2010 . Heard. The second appeal is ADMITTED on the following substantial question of law. I) Whether the defendant can set up a counter claim against a co-defendant in a suit when no relief could be claim by the defendant filing the counter claim against the plaintiff on the basis of the cause of action pleaded in the counter claim ? C.A.S. NO. 55/2010. Heard. Perused the judgments passed by the trial and the first appellate Court. The second appeal is admitted on a substantial question of law. In the facts and circumstances of the case, the judgments passed by the Courts are stayed during the pendency of the second appeal. The civil application is allowed in the aforesaid terms and disposed of. C.A.S. NO. 709/2010. Heard. 2 Perused the contents of the civil application. For the reasons stated in the civil application and also because learned counsel Shri Panpalia appears on behalf of respondent no.2(i), the prayer made in the civil application is granted. The civil application is allowed and disposed of. JUDGE APTE