IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. SECOND APPEAL STAMP NO.9697 OF 2009. WITH CIVIL APPLICATION NO 4999 OF 2009 Shri Laxmidevi Mandir Trust Varkhed Through its Trustees-Vijay Ashru Shirsath and others. ...Appellants. VERSUS. Eknath Dashrath shirsath and ors. ...Respondents. ------------------------------------------ Mr.C.V.Korhalkar advocate for appellants. ------------------------------------------ CORAM : A.V.NIRGUDE, J DATE : 2nd September,2009. PER COURT : 1. Heard. 2. The appeal is not maintainable, because the appellants were not party to the proceedings in which impugned order was passed. Besides, it is clear that the appellants’ interest has been represented by the appellants in Second Appeal No.213 of 2009. Earlier, while matter was before the First Appellate Court, there was attempt to make present appellants as party to the litigation. This attempt was futile, in view of the order of this Court in Writ 2 Petition No.6438/ 2008. In view of this, there is clearly no locus for the appellants to file second appeal. 3. The appeal stands dismissed. In view of this the Civil application 4999 OF 2009 is also disposed of. ( A.V.NIRGUDE,J) MTK/S.A.(st)9697.09