1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR SECOND APPEAL NO.538/2010 Smt. Abeda Begum W/o Abdul Bari -vs- Sayyad Rajabaksha Sawari Dargah Panch Committee - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : SMT. VASANTI A. NAIK, J. DATE : NOVEMBER 30, 2010 . Shri Kulkarni, the learned counsel for the appellant submitted that the First Appellate court committed a serious error in holding that the defendant-appellant had not challenged the findings recorded against her on issue Nos. 4, 5, 6, 7, 7-A and 7-B by filing cross-objection or an appeal. According to the learned counsel for the appellant, a cross- objection was filed by the appellant before the First Appellate Court and non consideration of the same is an error apparent on the face of record. The learned counsel for the appellant submitted that the observations in regard to the aforesaid fact find place in para-5 and para-8 of the judgment passed by the First Appellate Court on 15/07/2010. It appears on a perusal of the memo of cross-objection filed in Regular Civil Appeal No.477 of 2004 that though the cross-objections were filed by the appellant before the First Appellate Court, the First Appellate Court had not only failed to consider the said cross- objections, but has erroneously observed that no cross appeal 2 or cross-objections were filed. In the peculiar facts of the case, the appellant should have exhausted the remedy of filing a review application instead of filing the second appeal. In the aforesaid circumstances, Shri Kulkarni, the learned counsel for the appellant seeks permission to withdraw the present second appeal with liberty to file a review application before the First Appellate Court. Permission and liberty, both are granted as prayed for. Second appeal is disposed of as withdrawn. All questions raised in the second appeal are kept open. JUDGE KHUNTE