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2023 Supreme(Cal) 613

AJOY KUMAR MUKHERJEE
Aber Ali Miah – Appellant
Versus
Akber Ali and Miah – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Suman Sehanabis (Mondal), Salok Sah.
For the Respondents: Subhasish Misra, Swarup Das.

JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. The instant application has been preferred against the judgment and order dated 19.08..2020 passed by learned Additional District Judge, 3rd Court at Cooch Behar in connection with Misc. (Pre) Appeal No. 12 of 2015. By the impugned order learned Appellate Court was pleased to set aside the order dated 15.06.2015 passed by the learned Civil Judge (Junior Division) Sadar, Cooch Behar in Misc. pre-emption Case No. 9 of 2012 and passed order of preemption in favour of petitioner/opposite party no. 1 herein. Petitioner herein/pre-emptee contended that the suit plot being LR Plot Nos. 704 and 705 Mouza-Harinchowra is the subject matter of the pre-emption application and the opposite party no. 1 in the instant revisional application, being the pre-emptor, filed aforesaid Misc. pre-emption Case, being No. 09 of 2012, on the ground that his right of co-sharership and continuous land ownership has been overlooked by the opposite party no. 2 (seller) while selling the land from LR Khatian Nos. 704 and 705 to the opposite party No. 1/petitioner herein. In support of his claim the pre-emptor furnished LR Khatian, being No. 810, which is marked as Exhibit 1 a

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