IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(Civil Revisional Jurisdiction)

Present:

Mr. Justice S.M. Masud Hossain Dolon

Civil Revision No. 5394 of 2001. Md. Abdul Jabbar Mian

 …… Plaintiff-Petitioner -Versus-

Md. Abdul Hannan and another.

.... Defendant-opposite parties

None appears

Heard & Judgment on: 05.09.2024.

This Rule has been issued calling upon the opposite parties No.1 and 2 to show cause as to why the Judgment and order of reversal dated 30.07.2001 passed by the learned District Judge, Netrokona in Miscellaneous Appeal No.72 of 2000 should not be set aside and/or pass such other or further order or orders as to this court may seem fit and proper.

Short facts for disposal of this Rule, are that the petitioner as plaintiff filed a Suit No. 186 of 1995 in the Court of Assistant Judge, Netrokona praying for permanent injunction. During pendency of the suit petitioner filed an application for temporary injunction.

The learned Assistant Judge after scrutinizing relevant papers lying with record submitted by the parties in support of their respective claims allowed the application for temporary injunction. Against this order defendant-opposite party filed Miscellaneous Appeal No. 03 of 96 before the learned District Judge, Netrakona who party rejected the appeal and rectified the order passed by the learned Assistant Judge, Kendua, Netrokona challenging that order the petitioner filed the instant Revisional application and obtained Rule.

None appears.

In view of the above situation, I think that ends of justice would be sufficiently met if I dispose of this civil revision giving both the parties a direction to maintain status quo in respect of the possession and position of the suit land till disposal of the original suit.

In the result, the Rule is disposed of without any order as to cost. Both the parties are directed to maintain status quo till disposal of the suit in respect of the possession and position of the land in the suit. The learned Trial Court is directed to dispose of the Suit being No. 186 of 1995 as early as possible preferable within 6(six) months from the date of receipt of the copy of this judgment.

Send a copy of this judgment to the court concerned at once for information and necessary steps.

Asad/B.O