JUDGMENT :

1. The appellants in this appeal assail the common judgment and decree passed by the learned Addl. District Judge, Bargarh in T.A. No. 31 of 1998 and T.A. No. 22 of 1998 confirming the judgment and decree passed by the learned Civil Judge (Sr.Divn.), Bargarh in T.S. No. 3 of 1992 decreeing the suit in part declaring the sale deed in respect of property described in schedule ‘A’ of the plaint as void, confirming the possession of the respondent nos. 1 to 3, the plaintiffs over the same and directing them to refund the consideration money involved under said transaction to the appellant-defendants. The suit in respect of schedule ‘B’ property having been dismissed, prayers on that scores have been declined to be granted.

It may be stated here that original defendant no.1 who was the appellant no.1 having died during this appeal, his legal representatives are now on record as appellant nos. 1(a) to 1 (c).

The appellant-defendants thus being aggrieved by the said decree in part when had filed the first appeal i.e. T.A. No. 31 of 1988; the respondent nos. 1 to 3-plaintiffs had also filed the appeal i.e. T.A. No. 22 of 1998. Be that as it may, this second appeal has been filed by