JUDGMENT :

Parth Prateem Sahu, J.

The appellants/plaintiffs have assailed the legality, validity and propriety of the impugned judgment and decree dated 11.04.2008 passed by learned District Judge Raigarh, District Raigarh, Chhattisgarh in Civil Suit No.4-A/2007 whereby the learned trial Court dismissed the suit after framing and deciding the preliminary issues.

2. Brief facts for disposal of this appeal, are that, the plaintiffs have filed a suit for declaration of title and further declaration that the execution proceedings of Civil Suit No.61-B/1972 and entries made in revenue records in favour of defendants No.2 to 4 in pursuance to the execution proceedings to be declared illegal and void as well as claimed relief of possession from defendants No.2 to 4 on the ground that father of defendants No.2 to 4 have filed a civil suit for recovery of an amount of Rs.1,590/- along with interest @ 6% per annum from 01.06.1969. It has been pleaded that civil suit was decreed. It has been further pleaded that father of defendants No.2 to 4 by suppressing the correct facts have got property in dispute attached in execution proceedings and subsequently, in an auction proceedings held by the Exe