IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR SECOND APPEAL NO.87 OF 2010 Nilkant Tukaram Sarokar ..vs.. Keshav Tukaram Mahure & one another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.S.Bhattad, advocate for the appellant Smt. Neeta Jog, advocate for respondent CORAM : SMT. VASANTI A. NAIK, J. DATE : May 03, 2010 . Heard Shri Bhattad, advocate for the appellant and Smt. Jog, advocate for respondent no.1. The second appeal is admitted on the following substantial question of law: A] Whether the first appellate court could have reversed the judgment and decree passed by the trial court without considering the material admissions in the cross- examination of the Commissioner which might have falsified the claim of the plaintiff ? Call R & P. The learned counsel Mrs. Jog, waives notice of hearing on behalf of respondent no1. JUDGE CIVIL APPLCIATION [CAF]160/2010 Heard the learned counsel for applicant and the learned counsel for the respondent no.1. None appears on behalf of the respondent no.2, though served. On hearing the learned counsel for the parties, the judgment and decree passed by the first appellate court dated 16.12.2009 is stayed, as the second appeal is admitted on a substantial question of law and grave and irreparable loss would be caused to the appellant, if the decree is executed. Civil application is allowed and disposed of. JUDGE smp