IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR SECOND APPEAL NO.329 OF 2009 GANESH JAGANNATH RATHI ..VS.. MS USHA RAMBHAU DHARMIJWAR 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: 24 /9 / 2010 Heard Shri Chandurkar, the learned counsel for the appellant. The second appeal is admitted on the following substantial question of law: Whether the first appellate court could have ignored the question of non-joinder of the other joint owner as a party to the suit filed by the plaintiff, specially when the plaintiff had claimed a decree for demolition of the portion of the house property, jointly owned by the defendant and the person who was not joined as a party? Call R & P. Shri Lule, learned counsel waives notice of final hearing for sole respondent. JUDGE CIVIL APPCIATION :657/2009 Heard learned counsel for the parties. Since the second appeal is admitted on substantial question of law, the judgment passed by the first appellate court is stayed during the pendency of the second appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE CIVIL APPLCIATION NO.875/2009 This application may be considered at the time of final hearing of the second appeal. JUDGE SMP.