R.G. Ketkar, J.

1. Heard Mr. R.R. Mantri, learned counsel for the appellants, Mr. Younus B. Pathan, learned counsel for respondent No. 1, Mr. S.P. Dound, learned Assistant Govt. Pleader for respondent No. 2-State and Mr. V.I. Thole, learned counsel for respondents No. 3 to 5 at length.

2. By this Appeal, u/s. 100 of the Code of Civil Procedure, 1908 (for short, ' C.P.C.'), original plaintiffs have challenged the Judgment and decree dated 16/02/2010 passed by the learned District Judge-2, Aurangabad in R.C.A. No. 49 of 2009. By that order, learned District Judge allowed the Appeal preferred by original defendants No. 3 to 5 and quashed and set aside the Judgment and decree dated 23/02/2009 passed by the learned 2nd Jt. Civil Judge, Senior Division, Aurangabad in R.C.S. No. 202/2002. The learned District Judge dismissed the Suit. The parties shall herein after be referred to as per their status in the trial Court. The facts and circumstances giving rise to filing of the present Appeal, briefly, stated are as below.

3. The appellants instituted R.C.S. No. 202/2002 in the Co