( 1 ) sa299.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 299 OF 2011 WITH CIVIL APPLICATION NO. 7405 OF 2011 Shuebai w/o. Dinkar Sanap .. Appellant Versus Fakira s/o. Baburao Darade & Ors. .. Respondents Mr. N.P. Bangar, Advocate for the appellant. Mr. S.J. Salunke, Advocate for respondent Nos. 6 to 8. CORAM : A.V. NIRGUDE, J. DATED : 29.06.2011 P.C. :- 1. This appeal is filed against the judgment of the First Appeal Court, holding that the appellant could not have filed first appeal. Admittedly, the appellant was not party to the suit, which was filed inter-se between the respondents. It was a suit for partition. It is a case of the appellant that the respondents are her siblings and they ( 2 ) sa299.11 are ignoring her right. They filed suit for partition and obtained decree. It is her case that due to this decree, her right to claim partition in the suit property is affected. On this grievance, she filed an appeal and as said above the appeal was dismissed because the appellant was not made party to the proceedings in the Trial Court. 2. I find no error on the part of the learned Judge of the First Appeal Court, when he held that the appellant had no locus to file the appeal. The judgment of the Supreme Court in the case of U.P. Awas Evam Vikas Parishad Vs. Gyan Devi (Dead) by L.Rs. And Anr., AIR 1995 S.C. 724 is not applicable to this case because the appellant is not affected due to the decree which the respondents obtained in the suit. The decree, which they obtained, admittedly would not affect the right of the appellant. If the appellant could prove in her independent proceedings that she is one of the siblings of the respondents, she is also entitled to her share in the property. I am told that such suit is already filed. In view of this, there is no need to entertain the second appeal. The second appeal stands dismissed. ( 3 ) sa299.11 3. In view of dismissal of the second appeal, the civil application for stay does not survive and stands disposed of. [A.V. NIRGUDE, J.] snk/2011/JUN11/sa299.11