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dheepak srinivasa (self)     10 March 2021

civil preemption suit

my uncle had filed a suit against my mother for permanent injunction against sale of land held by both as undivided property.but the high court ruled in my mother favour stating that coowner can sell her share in the undivided property.
now my uncle has filed a new preemption case for the same property asking for injunction . is this not barred by O2R2..,? should he not take prior permission from court before filing? what remedies do I have to stop this multiple cases being filed by my uncle for the same property


 1 Replies

P. Venu (Advocate)     11 March 2021

How is that the matter reached the High Court? Please post complete facts. 

Anyhow, right to pre-emption could be enforced only if it has sanction of local laws. Even then, the rights are not absolute; it is weak right. 

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