ASHOK KAPRI Vs. KRISHNAPADA MONDAL

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India. The petitioners herein filed an application before learned Civil Judge (Junior Division), Bishnupur, praying for pre-emption of the case properties against the opposite parties. The learned Trial Court on contested hearing has been pleased to allow the said case being No. J. Misc. Case 9 of 1996.

(2.) The opposite parties preferred an appeal challenging the said order and judgement before the learned Lower Appellate Court which was registered as Misc. Appeal No. 26 of 2010.

(3.) The said Misc. Appeal was disposed of by the learned Additional District Judge, 3rd Court, Bankura. Learned Lower Appellate Court has pleased to allow the appeal on merit, ex parte against the respondents/petitioners. The learned Lower Appellate Court by the judgement impugned dated December 22nd, 2011 has been pleased to set aside the judgement dated February 26th, 2010 passed by the learned Civil Judge (Junior Division, Bishnupur in J. Misc. Case No. 9 of 1996.