District:Noakhali

In the Supreme Court of Bangladesh

High Court Division

(Civil Revisional Jurisdiction)

  Present

Mr. Justice Md. Zakir Hossain

Civil Revision No. 2379 of 2021 Md. Jahangir Hossain

.......Plaintiff-Appellant-Petitioner -Versus-

Abdur Rahim and others

......Defendant- Respondent-Opposite Parties

Mr.Iqbal Kalam Chowdhury, Advocate

...... For the petitioner Mr. Md. Ruhul Amin Mullah, Advocate

....... For the opposite parties

Heard on:06.03.2024 Judgment on: 28.04.2024

At the instance of the petitioner, the Rule was issued by this Court with the following terms:

“Let a Rule be issued calling upon the opposite

parties to show cause as to why the judgment and

order dated 29.09.2021 in Miscellaneous Appeal

No. 25 of 2021 passed by the learned Additional

District Judge, 1st Court, Noakhali affirming the judgment and order dated 15.06.2021 passed by

the learned Senior Assistant Judge, Sadar, Noakhali rejecting application for temporary injunction in Title Suit No. 14 of 2021 should not

be set aside and/or such other or further order or

orders passed as to this Court may seem fit and proper.”

Facts leading to the issuance of the Rule are inter alia that in Title Suit No. 14 of 2021, the plaintiff filed an application for temporary injunction. The defendants resisted the same by filing a written objection. Upon hearing, the learned Senior Assistant Judge rejected the petition for temporary injunction holding the view that the plaintiff has got no prima facie arguable case and the balance of convenience and inconvenience is in favour of the defendants. Challenging the legality and propriety of the judgment and order of the learned Senior Assistant Judge, the plaintiff preferred Miscellaneous Appeal No. 25 of 2021 before the Court of the learned District Judge, Noakhali. After admitting the appeal and observing all the formalities, the learned District Judge was pleased to transmit the record of the appeal to the learned Additional District Judge, First Court, Noakhali for disposal. Upon hearing, the learned Additional District Judge was pleased to dismiss the Miscellaneous Appeal. Impugning the judgment and order of the learned Additional District Judge, the petitioner moved this Court and obtained the aforesaid Rule and status quo therewith.

Heard the submissions advanced by the learned Advocates of the petitioner and the opposite parties at length and perused the materials on record with due care and attention and seriousness as they deserve. The convoluted question of law embroiled in this case has meticulously been waded through.

The learned Senior Assistant Judge rejected the petition for temporary injunction with the following observation:

Ò‡`wLjvg| Dfqc‡ÿi weÁ AvBbRxex‡K ïwbjvg| bw_ Av‡`‡ki Rb¨ jIqv nB‡jv| bw_`„‡ó †`Lv hvq, AÎ gvgjvi ev`x bvwjkx 5227 `v‡M 4.10 kZK f~wg eve` A¯’vqx wb‡lavÁv Pvb|

ev x DP-1345 bs LwZqvb `vwLj Kwiqv D³ f~wg `vex K‡ib| D³ DP `„‡ó bvt f~wgi iKg evox ewjqv cÖZxqgvb nq| Avevi

weev xcÿ DP-1345 bs LwZqvb `vwLj Kwiqv `vex K‡ib †h,

5227 `v‡M ev`xcÿ †hvMv‡hvMxfv‡e 0340 kZvsk wjwc Kwi‡jI cÖK„Zc‡ÿ ev`xc‡ÿi gvwjKvbvq 3.25 kZK f~wg Ges

ev`xcÿ †mg‡Z `vexi nK`vi| gvgjvi G ch©v‡q Dfqc‡ÿi

`vwLjxq LwZqv‡bi †KvbwU Avmj Avi †KvbwU RvwjqvZ Zv cÖgvY Kivi cÖqvm bv cvIqv †M‡jI Dfqc‡ÿi ïbvbx I bw_¯’ `wjjvw

we‡ePbvq ev`xcÿ 4.10 kZK eve` Prima facie case ¯úóiƒ‡c cÖgvY Kwi‡Z cv‡ib bvB|

Z`ycwi, bvwjkx f~wgi iKg evox nIqvq Zvnv‡Z balance of convenience and inconvenience Gi cvjøv ev`x A‡cÿv weev`xc‡ÿ fvix|Ó

The learned Additional District Judge after delving into the facts rightly held to the effect:

Òbvwjkx evwo †kÖwYi Rwg †h 1310, 1311 `v‡Mi nvj 5227 `v‡M Dfq cÿB mn-kixK ¯^xK…Z, †m Rwg‡Z wb‡lavÁvi Av‡`k

bv w`‡q weÁ wb¤œ Av`vjZ †Kvb fzj K‡ibwb| Z`ycwi, A¯’vqx wb‡lavÁvi `iLv¯Í wb®úwË msµv‡šÍ ZwK©Z Av‡`k weÁ wb¤œ Av`vj‡Zi Av‡jvPbv I wm×všÍ h‡_ó mywe‡ePbvcÖm~Z, hyw³m½Z I b¨vqm¤§Z g‡g© cÖZxqgvb nq|Ó

The concurrent findings of the Courts below are based on sound reasoning, therefore, they do not warrant for any interference and as such, the Rule is liable to be turned down as it has got no merit.

In the result, the Rule is discharged, however, without passing any order as to costs. The earlier order of status quo granted by this Court thus stands recalled and vacated. The learned Senior Assistant Judge, Sadar, Noakhali is directed to dispose of the original suit with utmost expedition preferably within 06 (six) months from the date of receipt of the copy of this judgment.

Let a copy of the judgment be transmitted to the Courts below at once for taking necessary step.

...............................................

Md. Zakir Hossain, J

Naser Po