1. This is an appeal by the original defendant no. 4 challenging the judgment and decree passed by the Additional District Judge, Amalner on 15-4-2006 thereby partly allowing the appeal preferred by the appellants/original plaintiffs.

2. Appellant/original defendant no. 4 is purchaser of the suit property from defendant no. 1 deceased Harkchand Sancheti. Regular Civil Suit no. 80/1980 came to be instituted by the plaintiffs seeking partition and possession of the agricultural land gat no. 93 admeasuring 4 H 10 R situated at village Dapore, Tq. Amalner, Dist. Jalgaon contending that the said suit property is joint family property of the plantiff, defendant no. 1 and Defendant no. 2 Uttamchand, and they were jointly cultivating the said land. It is contended that said suit claiming partition and separate possession came to be dismissed in default. Miscellaneous Application no. 5/86 for restoration of said suit came to be rejected by trial court on 27-1-1988. Miscellaneous civil application challenging order in Miscellaneous Civil Application no. 5/86 also came to be dismissed on 8-9-1997. After first round oflitigation was over plaintiff again dem