1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal NO. 52/2010 (Pravin Diwakar Dhonge & another VERSUS Shalini Pundlik Thakre) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.U. Nemade, counsel for the appellant. Shri S.G. Shukla & Shri Agrawal, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 8, 2010 . Heard. The second appeal is ADMITTED on the following substantial questions of law. I) Whether the suit filed by the plaintiffs-appellants simplicitor for permanent injunction was tenable ? II) Whether the first appellate Court was bound to consider the evidence which was considered by the trial Court, while reversing the findings recorded by the trial Court ? Call for Record & Proceedings. Learned counsel Shri Shukla waives notice of hearing on behalf of respondent. 2 C.A.S. NO. 86/2010. Heard. The second appeal is admitted on substantial questions of law. Hence, in the facts and circumstances of the case, it would be necessary to stay the effect and operation of the judgment and decree dated 06.10.2009. Since the parties raise a dispute about the possession of the parties over the suit property, they are directed to maintain status quo as regards possession during the pendency of the second appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE