:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.35 OF 2008 WITH CIVIL APPLICATION NO.79 OF 2008 S.S.Varvadkar. ..Appellant. Vs. Eknath B. Jadhav and ors. ..Respondent. Mr.A.G.Damle for the Appellant. Mr.A.V.Anturkar i/by Mr.Sameer Kumbhakoni for the respondent Nos. 1 to 5. CORAM: R.S. MOHITE, J. DATE : 23rd June,2008 P.C. P.C. P.C. 1. This appeal is filed by the original plaintiff. The suit filed by the plaintiff for partition of the suit property was dismissed by the trial court. As observed by the Appellate Court, suit has been filed without impleading all the members of the family. On this ground alone the suit is not maintainable and the appellate court has correctly held that the suit filed by the plaintiff is bad for non joinder of necessary parties. Hence, there is no substantial question of law. Hence, appeal is dismissed. C.A.NO. 79 OF 2008 1. As the main appeal is dismissed on merits, civil application does not survive and the same is also dismissed. (R.S. MOHITE, J.)