1 28-sa-246-2008.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj SECOND APPEAL NO.246 OF 2008 Shri Shankar G. Sandbhor .. Appellant. V/s. Shri Khushalchand C. Lunawat (since deceased) through his Legal Heirs & Others .. Respondents. Mr. A. V. Anturkar, for the Appellant. Mr. U. B. Singh, for Respondent No.1-C. CORAM : G.S.GODBOLE, J. DATE : 16th SEPTEMBER, 2011. P.C.: 1 Heard the learned Advocates for the parties. 2 Appellant is Original Plaintiff in Regular Civil Suit No.135 of 1976 filed in the Court of learned Civil Judge, Junior Division, Rajgurunagar, for declaration and possession. The declaration sought was to the effect that the Sale Deed executed by Defendant No.2-nyaneshwar G. Sandbhor in favour of Defendant No.1- Khushalchand C. Lunawat, is illegal 2 28-sa-246-2008.sxw and on that basis, possession was sought. The learned Civil Judge, Junior Division, Khed, dismissed the suit on 18th August, 1986. Civil Appeal No. 1334 of 1986 was filed in the District Court at Pune. During pendency of the Appeal, Original Defendant No.1, 4 and 5 had died and consequently, Appeal against them are abated. This is specifically recorded in the title of the Judgment of the Appellate Court as also in paragraph 5 of the Appellate Court. The learned 6th Additional District Judge, Pune dismissed the said Appeal on 18th December, 1999. 3 In this Second Appeal, Respondent No.1-A to 1-C are shown as heirs of Respondent No.1, when in fact, Appeal against Respondent No.1, had itself abated in the District Court and stands dismissed against Respondent Nos.2A to 2C, 2E, 3A to 3F, 4 and 7 by conditional order passed by the Additional Registrar on 25th February, 2004 . Considering the controversy involved and relief sought by the Appellant/ Plaintiff, this Second Appeal cannot be entertained, both on the ground that Civil Appeal No.1334 of 1986 had abated in the District Court itself and also on the ground that Second Appeal is dismissed against other Respondents referred herein above. Hence, Second Appeal is dismissed. (G.S.GODBOLE, J.)