IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR SECOND APPEALNO.198/2010 BALRAM RASIKLAL BALA ..VS... JYOTIRMAY JITEN MADHU & ANOR 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: 2/8/2010 Heard Shri Morande, the learned counsel for the appellant. The second appeal is admitted on the following substantial question of law: Whether the suit filed by the plaintiff abated against the defendant no.1 / present appellant on the death of the defendant no.1 prior to the passing of the judgment by the trial court on 9.4.20090 and the trial court was not justified in passing the decree in favour of the plaintiff, against a dead person? Call R & P. JUDGE CIVIL APPCLIATION CAS NO.378/2010 Heard Shri Morande, the learned counsel for the appellant. None appears for respondents, though served. Since the second appeal is admitted on a substantial question of la2 and the appellant has made out a prima facie case, the respondent no.1 / original plaintiff is restrained from either alienating the suit property or creating third party interest therein during the pendency of the second appeal. The civil application is allowed in the aforesaid terms. JUDGE SMP.