1. Being aggrieved by the judgment and decree dated 26th February, 2009 passed by 5th Additional District Judge, Khargone in Civil Appeal No. 7-A/09 whereby the judgment and decree dated 9th January, 2006 passed by Civil Judge, Class-II, Bhikangaon, West Nimar in Civil Suit No. 45-A/2001, whereby the suit filed by the appellants was dismissed, was maintained, the present appeal has been filed.

2. Short facts of the case are that appellants filed a suit on 7.11.2001 for permanent injunction, wherein it was alleged that the property shown in Scheduled 'B' of the plaint is recorded in the Revenue record in the name of the appellants and respondents No.3 and 4. It was alleged that the husband of the appellant No.1 and father of rest of the appellants and respondent No.3 and 4 was Bhumiswami and after his death, the property in dispute has been recorded in the name of appellants and respondents No.3 and 4 being legal representatives of the deceased. It was alleged that as per family personal law, daughters are having no right in ancestral property. It was alleged that respondents No. 1 and 2 are claiming their rights illegally. In the alternative, it is submitted that being in oc