( 1 ) sa9.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 9 OF 2011 Vaijnath s/o. Rangnathrao Katkar .. Appellant Versus Sumitrabai w/o. Tulshiram Sawant & Ors. .. Respondents Mr. S.V. Mundhe, Advocate for the appellant; Mr. P.C. Mayure h/f. Mr. S.G. Chapalgaonkar, Advocate for respondent Nos. 1 & 2. CORAM : A.V. NIRGUDE, J. DATED : 19.09.2011 P.C. :- 1. This Second Appeal is challenging the judgment and order dated 20th August, 2009, passed by the learned District Judge-1, Gangakhed, in Regular Civil Appeal No. 7 of 2005, in which the appellant was the appellant. The appellant by filing Regular Civil Appeal No. 7 of 2005 in the District Court, Gangakhed, tried to challenge the judgment and order in Regular Civil Suit No. 145 of 1997, passed by the learned Civil Judge, Junior Division, Gangakhed. The appellant, admittedly, was not party to the suit. This suit was between the respondents here for partition and possession. The appellant admitted that he purchased part of the suit property during the pendency of the suit and when he realized that the suit against ( 2 ) sa9.11 his vendor was decreed, he felt aggrieved and therefore he went in appeal but the learned Judge rightly held that he did not have any cause of action for filing of the appeal because he was not party to the suit and the transaction between him and the respondents was hit by the provisions of Section 52 of the Transfer of Property Act. The appellant at the most may sue his vendor for recovery of amount etc. The appeal stands dismissed. [A.V. NIRGUDE, J.] snk/2011/SEP11/sa9.11