Tarun Kumar Gupta, J.

The petitioner pre-emptee has filed this application under Article 227 of the Constitution of India challenging order dated 19th of May, 2012 passed by learned Additional District Judge 14th Court, Alipore, District – 24 Parganas (South) in Misc. Appeal No.209 of 2010 by allowing the application for pre-emption after setting aside the order No.81 dated 15th of March, 2010 passed by learned Civil Judge, (Junior Division) 1st Court, Baruipur in Misc. Case No.1 of 2004.

The admitted position of the case is that one Akshay Kumar Mondal was the absolute owner of the property measuring 33 decimals comprising Bastu and Pukur in Dag No.3720 and 5695. He sold 10 decimals demarcated lands in those two plots to one Sankar Nath Mondal and also 8 decimals demarcated land in those two plots to pre-emptor Gopal Chandra Mondal by two separate kobalas both executed and registered on 9th of March, 1963. He also sold his remaining portions of demarcated lands to other purchasers namely Nepal Mondal and Bhopal Mondal. Subsequently, said Sankar Nath Mondal sold out demarcated portion of 3½ decimals of land in two plots out of his purchased 10 decimals of land to the pre