1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No. 66/2010 (Rambhau Maroti Fating & others VERSUS Vasant Balaji Fating & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.V. Khare, counsel for the appellants. Mrs. Mrunal Shesh, counsel for the R-1. Shri Rohit Deo, counsel for the R-5. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 5 , 2010 . Heard. The second appeal is ADMITTED on the following substantial questions of law. I) Whether the suit filed by the plaintiff was barred by the principles of Res Judicata ? II) Whether plaintiff Vasanta was validly adopted by Bhulabai in accordance with the provisions of the Hindu Adoption and Maintenance Act as also the Shastrik Law and if yes, whether the plaintiff can also claim to be the adoptive son of Bhulaji, the deceased husband of Bhulabai ? Call for Record & Proceedings. Learned counsel Mrs. Mrunal ShAppealesh waives notice of final hearing hearing on behalf of respondent no.1. 2 Learned counsel Shri Rohit Deo waives notice of hearing on behalf of respondent no.5. C.A.S. NO. 167/2010. Heard the learned counsel for the parties. The second appeal is admitted on substantial questions of law. In view of the admission of the appeal, it would be necessary to stay the effect and operation of the judgment passed by the first appellate Court during the pendency of the second appeal. Hence, the judgment and decree passed by the first appellate Court is stayed during the pendency of the second appeal. The parties to this appeal are, however, restrained from either alienating the suit property or creating any third party interest therein during the pendency of the second appeal. The parties are also restrained from making any further development on the suit property during the pendency of the appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE