Present:

Mr. Justice Sheikh Abdul Awal

and

Mr. Justice Md. Mansur Alam

Civil Revision No. 1265 of 2019

In the  Matter of:

Mady Aid Limited.

                              .......Plaintiff-petitioner.

        -Versus-

Sufia Begum and others

       ......Defendant-respondents.

Mr. Abdul Jalil, Advocate

……. For the Petitioner

Mr. Mahbubur Rahman with

Mr. Md. Aminul Islam Sumon, Advocate.

...For the respondent No.6.

Heard on 27.11.2024 and Judgment on 03.12.2024

Sheikh Abdul Awal, J:

This Rule was issued calling upon the opposite party Nos. 1-6 to show cause as to why the order dated 07.05.2019 passed by the learned Joint District Judge, 4th Court, Dhaka in Title Suit No. 277 of 2019 rejecting the application under section 151 of the Code of Civil Procedure for ad-interim order of injunction should not  be  set-aside  and/or  such  other  or  further  order  or  orders passed as to this Court may seem fit and proper.

It is found that by Rule issuing order dated 19.05.2019 a Division Bench of this Court directed to the learned Joint District Judge, 4th Court, Dhaka to hear and dispose of the application for temporary injunction strictly on merit by applying its independent and judicial mind within 30th June, 2019 without fail and without giving any adjournment to the parties.

Mr.  Abdul  Jalil,  the  learned  Advocate  appearing  for  the plaintiff-petitioner  submits  that  the  application  for  temporary injunction  has  already  been  disposed  of  on  05.11.2024  and therefore, this Rule has become in-fractious.

Mr. Mahbubur Rahman, the learned Advocate appearing for the defendant-opposite party No. 6, on the other hand, concedes the  submissions  of  the  learned  advocate  for  the  plaintiff- petitioner.

Since the substantive application for temporary injunction has already been disposed of by the learned Joint District Judge, 4th Court, Dhaka before whom the case is pending as per direction of this court, the Rule has lost its force.

The Rule is, therefore, discharged as being in-fractious.

The learned trial judge is, however, directed to hear and dispose of the suit being Title Suit No. 277 of 2019 expeditiously in accordance with law.

Let a copy of this judgment be communicated to the Courts concerned at once.

Md. Mansur Alam, J:

I agree.