1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No. 425/2009 (Tulshiram Balal Mandawkar VERSUS Smt. Satyabhama wd/o Natthu Mandawkar & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.L. Kotwal, counsel for the appellant. Shri Amol Mardikar, counsel for the R-1 to 4. CORAM : SMT. VASANTI A. NAIK, J. DATE : MARCH 26, 2010 . Heard the learned counsel for the parties. The second appeal is ADMITTED on the following substantial question of law. Whether it was necessary for the Courts to draw an adverse inference against the plaintiffs for not entering into the witness box and examining the power of attorney holder i.e., the son-in-law of the plaintiff no.1 whose admissions in the cross-examination clearly showed that he was not aware of the factual situation involved in the case ? Call for Record & Proceedings. Learned counsel Shri Amol Mardikar waives notice of hearing on behalf of respondent nos.1 to 4. The hearing of the second appeal is expedited. C.A.S. NO.840/2009. Heard the learned counsel for the parties. 2 Since the second appeal is admitted on a substantial question of law, the judgment and award passed by the first appellate Court is stayed during the pendency of the second appeal. The civil application is allowed and disposed of. JUDGE APTE