- 1 - sa267 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION SECOND APPEAL NO. 267 OF 2010 Shri Baban Savlaram Ganjale & ors .. Appellants vs Popat Ramdhan Thorat & anr.... Respondents Ms.Ameya Tamhane for Appellants None for Respondents CORAM: N.D.DESHPANDE, J DATE: 18th November,2010 P.C. 1. Heard Ms.Ameya Tamhane for the appellants who are the legal heirs of Original Defendant no.18 Baban Savalaram Ganjale (deceased). From the record, it is seen that they were brought on record as legal heirs of Original Defendant No.18 in Regular Civil Suit No. 34 of 1988 decided on 19th December,2000 by the Civil Judge, Junior Division Ghodegaon, Pune. It was a suit for partition and declaration of the - 2 - sa267 suit property filed against the said defendant No.18 and others. Only Original defendant Nos. 2 and 3 had challenged the said judgment and decree of trial Court passed in Regular Civil Suit No.34 of 1988 in First Civil Appeal No.779 of 2001. The impugned judgment and decree passed by the trial court in Suit No.34 of 1988 though was maintainable, the said first appeal of original defendant nos. 2 and 3 came to be dismissed. Admittedly, the present appellants who were respondent Nos.17- A,A-2,A-3 & A-4 in First Appeal had never challenged the impugned judgment and decree of the trial court. They did not file First Appeal. As such, the impugned judgment and decrees of both the Courts below i.e trial court and Appellate Court in Appeal No.779 of 2001 of original defendant nos.2 and 3 is binding and has attained finality. Since there is no Second Appeal by the original - 3 - sa267 defendant nos.2 and 3. Upon consideration of record and after hearing learned counsel for the appellants, I am of the opinion that no case is made out, and no substantial question of law is found. Hence, this Second Appeal preferred by the present appellants who are legal heirs 17A to 17A4 of original defendant no.18 stands dismissed at the stage of admission. N.D.Deshpande, J - 4 - sa267