1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Second Appeal No. 25 of 2010 (Smt. Shobha W/o Mahesh Pande thru Mahesh Pande ...VERSUS... Kishor Shamrao Wandile) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. S.G.Loney, Advocate for the appellant. Mrs. Neeta Jog, Advocate for the Respondent. C ORAM : Smt.Vasanti A. Naik, J. DATED : 25th March, 2010. Heard Mr. Loney, the learned counsel for the appellant and Mrs. Jog, the learned counsel for the respondent. The Second Appeal is admitted on the following substantial question of law :- “Whether the first appellate court was justified in reversing the judgment passed by the trial court on consideration of the Commissioner's report, without considering some material admissions of the plaintiff in his cross- examination ? Call for R & P. Mrs. Jog, the learned counsel waives notice of hearing on behalf of respondent-sole. Hearing of the second appeal is expedited. JUDGE 2 Civil Application (CAS) No. 53 of 2010. Heard the learned counsel for the parties. Perused the judgment passed by the learned trial and appellate court on 29/1/2003 and 05/10/2009, respectively. As the Second Appeal is admitted on a substantial question of law, it would be necessary to stay the effect and operation of the judgment passed by the first appellate court during the pendency of the second appeal. Hence, the judgment passed by the first appellate court, dated 05/10/2009 is stayed during the pendency of this Second Appeal. Civil Application is allowed in the aforesaid terms and disposed of. JUDGE. Diwale