-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.587 OF 2007 APPEAL NO.587 OF 2007 APPEAL NO.587 OF 2007 Mumtaj Jiyauddin Khatib & Ors. ...Appellants vs. Khatija Begum Mohoddin Khatib & Ors. ...Respondents Ms Seema Sarnaik h/f Ms Jyoti Pandey for the Appellants CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 29, 2008 : FEBRUARY 29, 2008 : FEBRUARY 29, 2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Appellants. The Appellants are the original defendant Nos.38, 40-a to 40-f. It is pointed out that the Second Appeals preferred by some of the parties against the same impugned Judgment and Decree have been admitted in this court. 2. It is pertinent to note that the present Appellants who were the defendants in the suit had not preferred any Appeal or cross objection against the decree passed by the trial court. 3. Reliance is placed on application at Exh.93 made by the present Appellants before the District Court in the Appeal preferred by the original plaintiffs. In the said Appeal, an order made by the first Appellate Court for proceeding with the Appeal exparte against the present Appellants. The submission of the learned Advocate for the Appellants is that the said Applications were not considered on merits. -2- 4. The fact remains that there is no challenge by the Appellants to the decree passed by the trial court by preferring an Appeal before the first Appellate Court if at all such Appeal is maintainable. In any event, the Second Appeal cannot be entertained only on a limited ground that the Appellants have not challenged the decree passed by the trial court by approaching the first Appellate Court. Accordingly, Second Appeal is dismissed with no order as to costs. 5. In view of the dismissal of the Appeal, Civil Application No.681 of 2005 does not survive and the same is disposed of. JUDGE JUDGE JUDGE