( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 202 OF 2003 WITH CIVIL APPLICATION NO. 1857 OF 2003 Shashikant Bahina Vighave and anr. .. Appellants Versus Smt. Kantabai Maloji Vighave and ors. .. Respondents Shri K.B. Autade h/f. Shri R.N. Dhorde, Advocate for the appellants. CORAM : P.R. BORKAR,J. DATED : 10.06.2009 P.C. :- 1. Heard Adv. Shri K.B. Autade h/f. Adv. Shri R.N. Dhorde for the appellants. By order dated 18.03.2009 the appeal came to be dismissed against respondent Nos. 1 to 4 and 6. Respondent No.1, who was original plaintiff, filed Regular Civil Suit No. 384 of 1991 for partition and separate possession of the suit properties. The defence was that she was not legally wedded wife of Maloji. The Civil Court decreed the suit. As against the same, present appellants and defendant No.3 filed ( 2 ) Regular Civil Appeal No. 118 of 1998 before the Additional District Judge, Shrirampur and same came to be dismissed on 02.12.2002. As a result of dismissal of this appeal against five respondents including original plaintiff, this appeal itself is not tenable. Respondent Nos. 1 to 4 and 6 are admittedly sharers and as such necessary parties. In the facts and circumstances, this appeal itself is not tenable any more in absence of said five respondents. Hence, this appeal is dismissed. 2. The learned advocate for the appellants seeks to place on record the communication made by him to his clients, which is taken on record and marked “X”. 3. In view of dismissal of the Second Appeal, Civil Application No. 1857 of 2003 does not survive. The Civil Application stands disposed of. [P.R. BORKAR,J.] snk/2009/JUN09/sa202.03