R.D. Dhanuka J.

1. By this First Appeal, the appellants (original plaintiffs) have challenged the impugned order passed by the learned Civil Judge, Senior Division, Latur, dated 10th December, 2003 below Exhibit No.1 and also challenged the composite order passed below Exhibit Nos. 260 and 268, in Special Civil Suit No. 219 of 1996 dated 10.12.2003 by the learned Civil Judge, Senior Division, Latur.

2. By the said order dated 10th December, 2003, the learned Civil Judge, Senior Division, Latur, had allowed the application filed by some of the defendants below Exhibit No.1 dismissing the entire suit as abated in view of the plaintiffs' failure to bring on record the legal representative of the alienees and in view of the fact that the suit had also abated against some of the alienees. The learned Trial Judge also dismissed the application filed by the plaintiffs for deletion of the name of the alienees i.e. defendant No.16 to defendant No. 26 271(B). Some of the relevant facts for deciding this appeal and the civil applications are as under:

3. The parties described in this appeal are described as per their status in the trial Court proceeding.

4. Mr. Hamid Ali Khan had two wives Qamarbano (1st wife) and Zeban Bano (2nd wife). The said first wife Qamarbano had a son by name Mahaboob Ali Khan. The second wife of the said Hamid Ali Khan i.e. Zeban Bano had a son namely Osman Ali Khan. The said Mahboob Ali Khan and Osman Ali Khan died leaving behind him his widow Umrao Bano and second wife Sharfan Bano. The son of the said Mahboob Ali Khan died during the life time of Umrao Bano. The second wife of Mahboob Ali Khan also died leaving behind 2nd daughter namely Noor Bano and Abed Bano (plaintiff No.1) and son Hamid Ali Khan. The Noor Bano died leaving behind the plaintiff Nos.3, 4, 5, 6, 13 and a son by name Abdul Hasan. The said son Abdul Hasan died leaving behind the plaintiff No.2 and defendants Nos.14 and 15.

5. On the other hand, Hamid Ali Khan, who was son of Sharfan Bano, died leaving behind defendant Nos. 1 to 12. The plaintiff No.1 was the real sister of Hamid Ali Khan and other plaintiffs are the daughters of deceased Noor Bano, who is also real sister of Hamid Ali Khan. The defendant Nos.1 to 12 are the sons and married daughters of Hamid Ali Khan and defendant Nos. 13, 14 and 15 are grandsons of deceased Noor Bano.

6. It is the case of the plaintiffs that the suit agricultural lands shown in Schedule ''A'' in all admeasuring 135 Acres and 8 Gunthas was given by Hamid Ali Khan to his first wife in view of her right for Mehar whereas the other properties were given to Zeban Bano the second wife.

7. Various proceedings came to be filed between Osman Ali Khan S/o Amir Ali Khan as plaintiff and Hamid Ali Khan as defendant, such as Regular Civil Suit No.315 of 1344. There were other proceedings also amongst family members of the defendants Nos.1 to 14. It is the case of the plaintiffs that suit agricultural lands were owned and possessed by the first wife Qamar Bano. After death of Qamar Bano, her son Mehboob Ali Khan became the sole owner and possessor of the lands. On the death of Mehboob Ali Khan, the properties i.e. the agricultural lands stood devolved upon his two widows Umrao Bano & Shragan Bano, Umrao Bano was the senior widow. It is the case of the plaintiffs that the entire management of the properties was jointly inherited, owned and was being looked after by Hamid Ali Khan for himself and also on behalf of his two sisters. Hamid Ali Khan held half share and his two sisters each held 1/4th share.

8. The State of Maharashtra acquired some portions from and out of lands Survey Nos.211 and 212 and also Survey Nos.208 and 209. Hamid Ali Khan claimed the amount of Rs.2,01,50,58000 in respect of the said acquired lands before the Land Acquisition Officer. The Land Acquisition Officer determined the various amount.

9. It is the case of the plaintiffs that Mr. Hamid Ali Khan and his two sisters had undivided and joint inte