1. The petitioner has filed this application under Article 226 of the Constitution challenging the order dated 7.2.2009 passed by Sub-Judge-III, Bhagalpur in Preemption Case No. 248 ot 2004. I have heard the learned counsel lor the petitioner at length. In my view no case has been made for interference. The reasons are thus:-

2. Petitioners father (respondent No. 4) had executed a Power of Attorney in favour of respondent No 3, inter alia, in respect of certain agricultural lands which were located in Village-Sanhaulla under Sub-Registry Office, Kahalgaon in the district of Bhagalpur. The said Power of Attorney Holder (respondent No. 3) sold some of those agricultural lands to respondent No. 2 Md. Aiyub Hasan. Petitioner filed the present suit for pre-emption on the ground that the agricultural land being ancestral land, petitioner was co-owner- cum-co-sharer therein as per established Muslim Law and, thus, as per established Muslim Law. he had a right to pre-empt the said sale. The suit was contested by the vendee. The vendee filed an application before the learned Sub-Judge-Ill, Bhagalpur wherein suit was pending for deciding the question of maintainability as a prelimin