JUDGMENT

R. M. Joshi, J. - This second appeal filed under Section 100 of Code of Civil Procedure takes exception to the judgment and order passed by District Judge, Aurangabad dated 21/11/2014 in Regular Civil Appeal No. 304/2012 and judgment and order dated 26/03/2012 passed by Civil Judge, (J.D.), Khultabad in Reg. Civil Suit No. 141/2009 whereby the suit of the plaintiff was dismissed and the said judgment of dismissal is upheld in the first appeal.

2. Appellants are legal heirs of original plaintiff Shaikh Allahwala Shaikh Papa who had filed R.C.S. No. 141/2009 against Sayyad Nigah Ali Sayyad Chirga Ali and Khushiya Begum gulam Mohammad (respondents/original defendants). The suit was for declaration that sale deed dated 04/05/2006 bearing registration No. 1682/2006 executed by defendant No.1 in favour of defendant No.2 is null and void. It is the contention of the plaintiff that he has inherited the suit house from his mother. It is alleged that defendant No.1 has no concern with the suit house and on the basis of forged and fabricated documents he got his name mutated in the municipal record to get the house divided being house No.41 (new). It is also alleged that on the basis o