1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CA NO. 8720 OF 2008 IN SA ST. 15644 OF 2008 (Sevakram Laxman Ninave & Anr. vs. Baburao Krishnaji Madankar & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 14, 2009. Heard Shri Voditel, learned counsel for the applicants/ appellants. The judgment and decree delivered in Regular Civil Appeal after remand by this Court is not being challenged by the original vendors – Respondents No. 2 to 8. The present applicants are subsequent purchaser from them. They are alleging collusion between the vendors and original plaintiff ( present respondent No.1). Shri Joharapurkar, learned counsel for respondent No.1 – original plaintiff wants to rely upon certain judgments to point out that the subsequent purchaser does not have right to file appeal. The law on the point is well settled. Respondents No. 2 to 8 are not filing appeal challenging the judgment and decree of lower 2 appellate Court and they have also not appeared to answer the allegations of collusion in the matter. Hence, I am inclined to permit the present applicants to file Second Appeal. This does not mean that the applicants can point out their individual rights in the matter. Their rights are circumscribed by the role and obligations of Respondents No. 2 to 8 in the matter. List Second Appeal for consideration on 21st January 2009. JUDGE *GS.