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Showing contexts for: Partial preemption in Sri Samir Konai vs Sri Nitya Gopal Konai & Anr on 7 August, 2023Matching Fragments
The learned court below held that partial preemption ought not to be allowed, although it appears from the records that preemption was claimed in respect of two separate and demarcated plots which were sold by one deed. The petitioner had claimed for preemption in respect of both.
The learned trial judge rejected the preemption application in respect of one plot on the ground of lack of evidence with regard to the longest boundary of the preemptor, but the preemption in respect of the other plot was allowed.
Prima facie, it appears that the preemption application was not filed claiming partial preemption.
Let this matter appear in the monthly list of November 2023 under the heading 'Urgent Top'. The petitioner is directed to serve a copy of this revisional application along with a server copy of this order upon the opposite parties as also upon the learned advocate appearing on behalf of the opposite parties. Affidavit-of- service to be filed on the next date.