JUDGMENT :

Shampa Sarkar, J.

1. The present revisional application is directed against the judgment and order dated December 22, 2022, passed by the learned Additional District Judge, Fast Track, 2nd Court, Krishnagar, Nadia, in Misc. Appeal No.24 of 2021.

2. The learned appellate court allowed the appeal filed by the pre-emptee upon reversing the judgment and order dated September 10, 2021, passed by the learned Civil Judge (Junior Division), 2nd Court, Krishnagar, Nadia, in Misc. Pre-emption Case No.19 of 2016. The learned trial judge had allowed the pre-emption application and decreed the same in favour of the petitioner. The Misc. Appeal, challenging the said order of pre-emption was filed on the following grounds:-

(a) That the order passed by the learned court was erroneous, illegal, arbitrary and without jurisdiction.

(b) The order suffered from error of law and fact.

(c) The documentary evidence was not considered and the decision was based on surmise and conjecture. The order did not have any foundation in the eye of law. Bijay Sankar Mukherjee had sold his entire share to the opposite parties. The question of pre-emption would not arise as the co-sharership had ceased. As Bi