IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR SECOND APEPAL NO.225/2010 KAZI GULAMNABI KAZI FAIAJODDIN AND ONE ANOR ..VS.. FIROJABI W/O SYD YUSUF Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 22 /10 / 2010 Heard Shri Ahmad, the learned counsel for the appellant. The second appeal is admitted on the following substantial question of law: Whether the suit filed by the respondent for partition and separate possession of the suit properties was tenable in the absence of joinder of the some of the owners of the property as defendants to the suit ?. Call R & P. Shri Deshpande, the learned counsel waives notice of hearing on behalf of respondent. JUDGE CIVIL APPCIATION CAS NO.405/2010 Heard Shri Ahmad, the learned counsel for the appellant and Shri Deshpande for the respondent. The second appeal is admitted on the substantial question of law. In the facts and circumstances of the case, the judgment passed by the first appellate court is stayed, during the pendency of the second appeal. The civil application is allowed and disposed of. JUDGE SMP.