SWAPAN KUMAR KAR Vs. SALIL KUMAR DEY

JUDGEMENT

(1.) The judgment of the Court was as follows : The petitioners of L.R. Misc. Case No. 30 of 1997 disposed of by the learned Civil Judge (Junior Division) 6th Court, Howrah have preferred this application under Article 227 challenging the judgment and order dated 18th July, 2003 passed by the learned 3rd Additional District Judge, Howrah in connection with Misc. Appeal No. 160 of 2002 which was preferred against the judgment of the Trial Court.

(2.) The petitioners filed L.R. Misc. Case No. 30 of 1997 for pre-emption of a portion of Dag No. 2123 under Khatian Nos. 1941 and 1942 of Mouza Santragachi under Police Station Jagachha in the District of Howrah which was purchased by the opposite party Nos. 1 to 4 from opposite party No. 5 on the ground that petitioners have land adjacent to the suit land.

(3.) The learned Civil Judge (Junior Division), 6th Court, Howrah after considering written objection of the opposite parties and on perusal of evidence adduced by the parties passed order on 6th April, 2002 whereby the claim of pre-emption made by the present petitioners was upheld.