1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No. 110/2010 (Trimbak Devaji Gube VERSUS Krishnarao Ghanshayamji Mandavgade & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Raju Dhoble, counsel for the appellant. Shri N.G. Dhoble, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : MAY 4, 2010 . Heard. The second appeal is ADMITTED on the following substantial question of law. I) Whether the first appellate Court could have lightly interfered with the findings recorded by the trial Court without considering the entire evidence considered by the trial Court and the reasons recorded by the trial Court while recording those findings specially when the trial Court had exercised its discretion in dismissing the suit filed by the respondent-plaintiff ? Call for Record & Proceedings. Learned counsel Shri N.G. Dhoble waives notice of hearing on behalf of respondent. 2 C.A.S. NO. 209/2010. Heard. The second appeal is admitted on a substantial question of law. In the facts and circumstances of the case, it would be necessary to stay the effect and operation of the judgment and decree passed by the first appellate Court. The judgment dated 23.07.2009 is stayed during the pendency of the second appeal. The civil application is allowed and disposed of. JUDGE APTE