1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.S. No.810/2010 in Second Appeal No.434/2010 ( Kisna Keshao Parbat ..V/s.. Murlildhar Ramaji Naukarkar & others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : SMT. V.A NAIK, J. DATE : 6th DECEMBER, 2010. Heard Shri Lule for the applicant and Shri Kotwal for the respondent. The learned counsel for the respondent has serious objection to the prayers made in this civil application and states that the stay should not be granted as in that event the respondents would not be in a position to construct the new compound wall within their plot area. Shri Lule, the learned counsel for the applicant, submits that the respondents would be in a position to construct the new compound wall in their plot area and they may be permitted to so construct, without damaging the bathroom and drainage lines. 2 In the aforesaid facts and circumstances of the case and since this second appeal is admitted on the substantial question of law, the judgment passed by the first Appellate Court is stayed during the pendency of the second appeal. The respondents are however, at liberty to construct the new compound wall within their plot area without disturbing the bathroom and the drainage lines on the suit site. The civil application is allowed in the aforesaid terms and disposed of. Judge Tambaskar.