IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR SECOND APPEAL NO.399/2009 KAZI SHARIFUDDIN KAZI RAKIBUDDIN ..VS.. NASEEM BEGUM JAMILUDDIN ANSARI & ORS 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: 13 /10 / 2010 Heard Shri Chandurkar, the learned counsel for the appellant. The second appeal is admitted on the following substantial question of law. Whether the reliefs refused by the trial court can be granted by the first appellate court while deciding the defendant's appeal when no appeal is preferred by the plaintiff against the judgment passed by the trial court, rejecting some of the reliefs claimed by the plaintiff ? Call R & P. Shri M.K. Pathan, learned advocate waives notice of final hearing on behalf of respondent no.1. JUDGE CIVIL APPLICATION CAS NO. 810/2009 Heard learned counsel for the appellant and the learned counsel for the respondent no.1. None appears on behalf of other respondents. The second appeal is admitted on the substantial questions of law. Hence it would be necessary to stay the effect and operation of the judgment passed by the appellate court during the pendency of the second appeal. The judgment passed by the appellate court is stayed. The civil application is allowed and disposed of. JUDGE SMP.