IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION SECOND APPEAL NO.509 OF 2003. SECOND APPEAL NO.509 OF 2003. SECOND APPEAL NO.509 OF 2003. Shabbir Ahmed Mohd. Yusuf & Others ..Appellants Versus Gulam Dastgir Jumman Momin & Others ..Respondents Mr.P.K.Dhakephalkar for the appellants CORAM: S.R.SATHE, J. CORAM: S.R.SATHE, J. CORAM: S.R.SATHE, J. DATE : 23rd June, 2005 DATE : 23rd June, 2005 DATE : 23rd June, 2005 P.C. 1. Heard learned Advocate for the Appellant. There is concurrent finding of fact by both the Courts and the suit is dismissed rejecting the right of preamption claimed by the Complainant. The Courts below have properly taken into consideration the fact, that in respect of Mohamadin parties the right of preamption has to be exercised immediately after the sale, infront of two witnesses. It has not been done in the instant case. Moreover, the land of the plaintiff is not adjacent to the suit land and plaitiffs are also not the co-sharers. Under the circumstances, the findings recorded by both the courts below appear to be legal and correct. There is no perversity in the order. No substantial question of law is involved. 2. Hence the appeal is dismissed in limini. (S.R.SATHE, J.)