1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No. 439/2010 (Shankar Shrikrushna Pande thr. Attorney Holder Kamlakar Bhayyaji Tinkhede Versus Purushottam Vyankatrao Paithankar) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. V.P. Thakre, counsel for the appellant. CORAM : SMT. VASANTI A. NAIK, J. DATE : DECEMBER 3 , 2010 . Heard. The second appeal is ADMITTED on the following substantial question of law. I) Whether the finding recorded by the first appellate Court that the plaintiff had failed to prove the ownership and possession over the suit property is perverse for the reasons recorded in the judgment of the appellate Court ? Call for Record & Proceedings. Learned counsel Shri M.R. Joharapurkar waives notice of hearing on behalf of the respondent. C.A.S. NO. 826/2010. Heard. The trial Court has held that the appellant was in possession of the suit property, whereas the first appellate Court has held that the respondent was in possession of the same. Both the parties are claiming possession over the suit property. 2 In such circumstances, the parties 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