JUDGMENT :

Javed Iqbal Wani, J.

1. The instant appeal is directed against order dated 05.04.2018 (for short ‘the impugned order/judgment and decree) passed by the Principal District Judge, Srinagar, (for short 'the Trial Court') in case titled as “Hafeeza Begum and Ors.” vs Shamsu-Din Bhat and Ors.”.

2. The facts emerging from the memo of appeal reveal that the appellants herein filed a civil suit with following reliefs:-

“To pass a decree of declaration declaring plaintiffs as exclusive owner of the property and the sale deeds dated 15.03.2014 registered on 22.06.2014 and 2nd sale deed dated 24.03.2015 registered on 16.04.2015 as mentioned above be declared null and void and ineffective as defendant No. 3 has no right or title to alienate the suit property, hence sale deeds executed by defendant No. 3 in favour of defendant No. 1 & 2 defendant No. 1 be declared to be ineffective, illegal and liable for cancellation.

In alternative if the defendant No. 3 is held to have a right to sell the property, then a decree for right of prior purchase in respect of suit property on payment of the price proved to be paid in favour of plaintiffs against defendants with cost of suit.

The defendants be