FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR SECOND APPEAL NO.47/2010 Dnyandeo s/o Mahadeo Shende ..vs.. Nagpur Improvement Trust through Chairman =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri J.C.Shukla, advocate for appellant C ORAM : SMT. VASANTI A NAIK,J. DATED : 23RD MARCH, 2010. Heard Shri Shukla, learned counsel for the appellant. The second appeal is admitted on the following substantial questions of law: A] Whether the Nagpur Improvement Trust should have revoked a the suit notice and compounded the alleged construction made by the plaintiff by invoking the relevant clause under N.I.T. Building Byelaws ? B] Whether the first appellate court could have reversed the findings recorded by the trial court without considering evidence considered by the trial court while rendering those findings ? Call R & P. JUDGE CIVIL APPLICATION [CAS] NO. 85/2010 Heard Shri Shukla, learned counsel for the appellant. None appears on behalf of respondent though served. This court had directed the parties to maintain status quo by order dated 16.2.2010. Since this second appeal is admitted on substantial questions of law, it would be necessary in the facts and circumstances of the case and in the interest of justice to stay the effect and operation of the judgment passed by the appellate court on 26.8.2009 during the pendency of the second appeal. Civil application is allowed and disposed of. JUDGE SMP