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2026 Supreme(Cal) 125

IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Surapati Nandi – Appellant
Versus
Pashupati Nandi – Respondent


Advocates Appeared:
For the Appellants : Tanmoy Mukherjee, Rudranil Das, Somen Mondal
For the Respondents: Sandip Das, Kapil Chandra Sahoo

JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The civil revision has been preferred challenging a judgment/order dated 13th September, 2024 passed by the learned Civil Judge (Junior Division) 2nd Additional Court at Contai, District - Purba Medinipur, in Judicial Misc. Case No. 14 of 2015 [CIS Registration No. Misc. Case (Preemption) 06 of 2015].

2. Vide the impugned order, the learned Trial Court was pleased to dismiss the Misc. Case under Section 22 of the Hindu Succession Act. The learned Trial Court declined to grant a decree of pre-emption by evaluating the market value of 3/4th share of the suit property.

3. The petitioner's case before the learned Trial Court is that the "Ka" schedule property originally belonged to Golok Behari Nandy, the father of the petitioner as well as opposite parties no. 1, 2 and 3. The suit plot is a non-agricultural plot and a two storied building has been constructed upon the same after having acquired the property from their father after his death, by way of inheritance.

On 09.04.2008, the opposite parties no. 1, 2 & 3 declared that they intended to transfer their share in the suit plots to stranger purchasers before making an offer of sale to the petitioner,

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