1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.618 OF 2006 WITH CIVIL APPLICATION NO.906 OF 2006 Shri Abhiman Shrimant Autade & Anr. : Appellants. Versus Shri Prakash Laxman Masal & ors. : Respondents. Mr. S V Pitre for the Appellants. Mr. Surel Shah for Respondent No.1. CORAM : C.L.PANGARKAR, J. DATE : 04th February 2010 P.C. 1. Heard the learned counsel for the Appellants and the learned counsel for the Respondent No.1. 2. This second appeal has been preferred by the Original Defendant Nos.5 and 6. 3. Respondent No.1 had instituted a suit for partition and separate possession of the suit property against his brothers. It was alleged that the present appellants i.e. Original Defendant Nos.5 and 6 had purchased the part of suit property during pendency of the suit. They were also added as defendants in the suit on account of the fact that they 2 had purchased the part of the suit property during pendency of the suit. 4. After recording the evidence, the learned judge of the trial Court held that the Plaintiff was entitled to ½ share in the suit property Nos.1A and 1B. Holding so he passed decree for partition and separate possession. The learned Judge of the trial court also observed that the present appellants having purchased the suit property during pendency of the suit, were bound by the decision of the suit. Even though such observations were made and decree for partition and separate possession was passed, the present appellants neither preferred any appeal nor did they prefer any cross objection. In the circumstances, the decree that is passed by the learned Judge of the trial court against them stood confirmed. The appellants have therefore no right to prefer an appeal and their contention cannot be entertained for the first time in the second appeal. 5. In the circumstances, there is no substance in this second appeal. The same is dismissed in limini. In view of dismissal of the second appeal, the civil application No.906 of 2006 does not survive, the same is disposed of. [C.L.PANGARKAR, J]