1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATIONNO.34 OF 2009 IN SECOND APPEAL NO.40 OF 1996 Balgonda Paygonda Patil : Appellant. Versus Ashok Paygonda Patil : Respondent. And Sou.Sushilatai Ramgonda Patil Through power of attorney holder Mr. Sanjay Ashok Patil : Applicant. Mr. Mandar Soman h/f Mr. T D Deshmukh for the applicant/intervenor. Mrs.A R S Baxi for the appellant. Mr.Mitesh Naikh h/f Mr. Umesh Shetty for the Respondent. CORAM : C.L.PANGARKAR, J. DATE : 04th February 2010 P.C. 1. Heard the learned counsel for the Applicant/intervenor, who wants her to be added as party to this appeal. 2. One Balgonda Paygonda Patil had instituted a suit for possession against Godabai and Akkatai alleging that the suit property was allotted to him in partition and Godabai and Akkatai were occupying the suit property as licensees. The suit was decreed by the trial court. But the same has been dismissed by the appellate Court. 2 3. The present applicant submits that she is relative of the parties to the suit and she has a right in the suit property. The suit has been instituted by the original Plaintiff on the ground that the suit property has been allotted to him in partition and he is the exclusive owner thereof and the defendants are his licensees. 4. If the present applicant has any right in the suit property, she is free to file civil suit claiming her right in the said suit. She cannot added as party to this appeal against the desire of the plaintiff who is dominus litus. The civil application is therefore dismissed. [C.L.PANGARKAR, J]