1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No. 503/2010 (Gajanan Bajirao Choudhari & others VERSUS Bhagwan Sadashiv Choudhari) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.A. Vyawahare, counsel for the appellants. Shri A.M. Ghare, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : DECEMBER 20 , 2010 . Heard. The second appeal is ADMITTED on the following substantial questions of law. I) Whether there was legal evidence on record to show that the plaintiff had accepted the gift executed by his grandfather in his favour on 08.03.1988 ? II) Whether the plaintiff had proved his title over the suit property (41/1) i.e. (99) when the documentary evidence showed that the property bearing Nos.41/1 and 99 were distinct and separate ? Shri Ghare, the learned counsel for the respondent, waives notice of hearing on behalf of the respondent. The Record & Proceedings may be retained. C.A.S. NO. 924/2010. Heard the learned counsel for the parties. Perused the judgments passed by both the Courts as also the Record & Proceedings. 2 Since the second appeal is admitted on the substantial questions of law, it would be necessary to stay the judgments passed by both the Courts during the pendency of the second appeal, by imposing certain conditions on the appellants. Hence, the judgment and decree passed by the trial and the first appellate Court is stayed during the pendency of the second appeal on the condition that the appellant furnishes the solvent surety/security to the tune of Rs.3,00,000/- to the satisfaction of the trial Court within a period of eight weeks. The appellants are restrained from transferring the suit property or creating any third party interest therein during the pendency of the second appeal. C. A. is disposed of. JUDGE APTE