VIBHA KANKANWADI, J.

1. Present appeal has been filed by the original defendant to challenge the judgment and decree passed by learned District Judge- II, Jalgaon in Civil Appeal No. 191 of 2003 dt. 10-08-2010; whereby the appeal came to be allowed. The said appeal was filed by the original plaintiffs/present respondents No. 1 and 2 for challenging the judgment and decree passed in RCS No. 34 of 1996 passed by Civil Judge Junior Division, Muktai Nagar, Dist. Jalgaon on 24-07-2003; whereby their suit for partition, separate possession and injunction was dismissed.

2. Plaintiffs have come with a case that agricultural land bearing Gat No. 15, admeasuring 1 H 47 R situated at village Edlabad, Dist. Jalgaon was owned by their father Sampat. Defendants are their brother and sisters. The said land (which has been more particularly described in para No. 1 of the plaint) was standing in the name of Sampat; however, Sampat was not keeping good health. He was not able to carry out any transaction. Plaintiffs No. 1 and 2 were in service and No. 3 was too young. It was therefore, decided to mutate the name of defendant No. 1 to the suit land as a part of family adjustment. Accordingly,