MIR DARA SHEKO,J. - (1.) Though, none appears in such an old application, being CO 1611 of 2012 the matter is taken up for consideration on merit since it is an application under Article 227 of the Constitution of India which has been directed against the judgment dated August 13, 2001 passed by learned Additional District Judge, 3rd Court, Midnapore allowing the preemption both on the grounds of co-sharership as well as on the ground of vicinage setting aside the order dated March 24, 1998 passed by learned Civil Judge (Junior Division), Haldia, Tamluk in T.S. No. 35 of 1992. Perused the materials on record and the impugned orders.
(2.) Fact in brief is that the entire plot pertaining to Ka Schedule of J. Misc. Case No. 35 of 1992 and J. Misc. Case No. 42 of 1992 belonged to two brothers namely, Amitava Singha and Debabrata Singha. Amitava Singha and his brother and nephew are the opposite parties/appellants-petitioners/preemptors who will be called on hereinafter as the opposite parties.
(3.) Aforesaid Debabrata Singha, who is the opposite party no. 3 sold his portion out of the Ka Schedule property to Sisir Kumar Adak on August 7, 1992 and to Rekha Rani Adak on August 27, 1992 by executing two separate deed of sale.;