Mukundakam Sharma, C.J.

1. By this judgment we propose to dispose of this appeal filed by the appellant being aggrieved by the impugned judgment and order, dated 19th September, 2007, passed by the learned Single Judge in the suit filed by the appellant. In the said suit, the following issues were framed:

1. Whether late Smt. Mishri Devi executed a valid and legal Will dated 18.11.1971 ? (OPD1)

2. Whether the order dated 23.7.1996 in Case No. 704/1988 passed by Shri K.K. Dahiya, SDM/R.A is void, inoperative, ab initio and non est ? (OPP)

3. Whether the sale deeds executed by defendant No. 1 in favor of defendants No. 2 to 6 on 25.7.1996 are null and void and illegal ? (OPP)

4. Whether the mutations made by the Revenue Authority in favor of defendant No. 2, defendant No. 4(i) and (ii), defendant No. 5 and defendant No. 6 are liable to be declared illegal and null and void ? (OPP)

5. Whether this Court has the jurisdiction to determine the controversy raised in issues No. 2 to 4 ? (OPP)

6. Relief

2. In the suit, the defendants took up the plea that except for issue No. 1, the rest of the issues namely, issue Nos.2, 3 and 4, cannot be tried by a Civil Court. Issue No. 5 was f