IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION
(CIVIL REVISIONAL JURISDICTION)
Present:
Mr. Justice Zafar Ahmed
Civil Revision No. 4715 of 2022
Md. Sarwar Pramanik and others
........ Petitioners -Versus-
Most. Taposhi Khatoon and another
.... Opposite parties
Mr. Md. Amimul Ehsan, with Mr. Mohammad Ali, Advocates
........ For petitioners Mr. Ala Uddin Ahmed, Advocate
.... For opposite parties Heard and Judgment on: 11.11.2024
In the instant revisional application filed under Section 115(1) of the Code of Civil Procedure (CPC) at the instance of the defendant- appellant-petitioners, this Court on 14.11.2022 issued a Rule calling upon the plaintiff-opposite parties to show cause as to why the judgment and order dated 17.08.2022 passed by the learned Joint District Judge, 2nd Court, Bogura in Miscellaneous Appeal No. 105 of 2021 rejecting the miscellaneous appeal and affirming the order No. 9 dated 26.09.2021 passed by the learned Assistant Judge, Dhunat, Bogura in Other Class Suit No. 57 of 2021 allowing the application
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for temporary injunction under Order XXXIX rule 1 of the Code of Civil Procedure should not be set aside.
At the time of issuance of the Rule, this Court passed an ad interim order staying operation of the order dated 17.08.2022 passed in Miscellaneous Appeal No. 105 of 2022.
Plaintiff-opposite parties have entered appearance in the Rule and have filed a joint counter affidavit.
I have heard the learned Advocates of both sides and perused the materials on record. Considering the facts and circumstances the case, I am of the view that an order of status quo in respect of possession and position of the suit land to be maintained by the parties till disposal of the suit would serve the ends of justice. The learned Advocates of both sides candidly bowed down to the view of the Court.
Accordingly, the parties to the suit are directed to maintain status quo in respect of possession and position of the suit land till disposal of the suit.
With the above observations and directions, the Rule is disposed of.
Mazhar, BO