You should have prayed for the same in same suit of partition. Once partition declared by court, co owner free to sell the house. Without partition of dwelling house, third party cannot access to property. Amend the prayer. After partition, fresh suit for same property agasint same party for pre meption right will not be maintainable. 

Amend the prayer to include pre emption right.

if partion happened, should buyer get path way through our homestead -- NO

 Preferential right to acquire property of an intestate devolves upon two or more heirs and any of such heirs proposes to transfer his or her interest in the property, the other heirs shall have preferential right to acquire the interest proposed to be transferred.

If the property is a dwelling house and belongs to undivided family , any stranger transfree shall not have any right to joint possession or other common or part enjoyment of the property.

Yes you can proceed with a suit for premption for your right 

you cant legally seek to purchase the property unless there is a right so reserved under the partition deed. However their right to use the common rights cannot be taken away even if the other co sharer sells his share.

It will be enquired to fix the value 

You can apply for appointment of commissioner for division of property by metes and bounds 

2) if there is partition other co sharers  can get right of way to access his land 

3) 

Supreme Court in the case of Ghantesher Ghosh v. Madan Mohan Ghosh

and Others, reported in [1996] 11 SCC 446. In this case it has been held

that before Section 4 can be invoked the following conditions must be

fulfilled viz.

(1) A co-owner having undivided share in the family dwelling house

should effect transfer of his undivided interest therein;

(2) The transferee of such undivided interest of the co-owner should be

an outsider or stranger to the family;

(3) Such transferee must sue for partition and separate possession of

the undivided share transferred to him by the co-owner concerned.

(4) As against such a claim of the stranger transferee, any member of

the family having undivided share in the dwelling house should put forward

his claim of pre-emption by undertaking to buy out the share of such

transferee; and

(5) While accepting such a claim for pre-emption by the existing co-owner

of the dwelling house belonging to the undivided family, the court should

make a valuation of the transferred share belonging to the stranger

transferee and make the claimant co-owner pay the value of the share of the

transferee so as to enable the claimant co-owner to purchase by way of pre-emption

emption the said transferred share of the stranger transferee in the

dwelling house belonging to the undivided family so that the stranger

transferee can have no more claim left for partition and separate

possession of his share in the dwelling house and accordingly can be

effectively denied entry in any part of such family dwelling house.

1. If it is a dwelling house jointly lived by all the share holders, then pre-emption is required before selling share of one share holder to a third party.

2. Get the sale seed cancelled on the ground that the said sale has not been pre-empted.

1. Pre-emption application is basically for getting the sale deed cancelled for want of pre-emption.

2. Pre-emption value will be the same at which the share of the property has been sold to the third party.

Yes,fresh suit not maintainable.

Sale deed value shal be consider along with interest till date. .

Dear Sir,

A pre-emption right, right of pre-emption, or first option to buy is a contractual right to acquire certain property newly coming into existence before it can be offered to any other person or entity

05 January 2010 When there is division of property between heirs,provision is made in the deed that in case of any one selling his property,first preference is given to the other heir to purchase theproperty is called the right of pre-emption.If after giving him notice if he does not agree to purchase the property you ...

The right of ‘pre-emption’ is given to the owner of immovable property to acquire another immovable property that has been sold to some other person. It is the purchase by one person before all others. Therefore, it is a right of substitution and not of re-purchase.[5]  The objective behind this right is to maintain privacy and prevent strangers to come in neighbour or in a family.

The pre-emption has also been defined by Justice Syed Mahmood as a right given to the owners of an immovable property for quiet enjoyment of that immovable property to obtain in substitution for the buyer, possession of certain other immovable property, on such term that as those on which such latter immovable property is sold to any other person

However, to exercise the right of pre-emption, there are certain conditions that need to be satisfied. Those conditions are-

1. ownership over an immovable property,

2. sale of the property which is not of the person exercising the right of pre-emption,

4. possession of the other property is given to the pre-emptor on the same terms as on which the other person is given the right.[7]

You should file execution petition before court for execution of orders of 2017.

You can file a petition for preemption also in the same suit but since there is a permanent injunction already in vogue, this may not be necessary.

Once a court commissioner inspects the suit property and gives his report about partition which may include the rights over the path way etc., the court may pass a judgment accordingly.

You can file a memo in that connection when the commissioner is inspecting the suit property on the orders of the court giving the details of the pathway and the eligibility for the buyer etc., so that it can be recorded and can be discussed in the court in the final argument to enable court to arrive at a proper decision on the basis of the representation made from your side.

1.  You can file a preemption petition in the pending suit itself, but it may not be necessary in my opinion since there is a permanent injunction already granted by court.

2. It depends on how the parties contest and object to the petition filed before court.