District: Khulna

IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Sardar Md. Rashed Jahangir

Civil Revision No. 1975 of 2012 In the matter of :

Shamimuzzaman and others

...Petitioners -Versus-

Dr. Shamsunnahar Lucky and another

...Opposite-parties

Mr. Md. Akramul Islam, Advocate

….. For the petitioners

Mr. H.M. Borhan on behalf of

Mr. Ahmed Nowshed Jamil, Advocate

 ….. For the opposite-parties

Judgment on: 14.12.2023

The Rule was issued calling upon the sole opposite party to show cause as to why the judgment and order dated 10.04.2012 passed by the Additional District Judge, Third Court, Khulna in Miscellaneous Appeal No. 116 of 2011 affirming the judgment and order dated 24.11.2011 passed by the Senior Assistant Judge, Sixth Court, Batiaghata, Khulna in Title Suit No. 263 of 2011 allowing  an application for temporary injunction should not be set aside and or such order and further order or orders passed as to this Court may seem fit and proper.

At the time of issuance of the Rule, parties were directed to maintain status-quo in respect of possession and position of the suit land

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for a period of 6(six) months. Subsequently, the said order of status-quo has not been extended and lost its effectiveness.

Mr. Md. Akramul Islam, learned Advocate for the petitioners, on the other hand, Mr. H.M. Borhan, learned Advocate appearing on behalf of Mr. Ahmed Nowshed Jamil, Advocate for the opposite-parties. On perusal of the revisional application together with the impugned orders, it appears that this revisional application has been arisen out of an interlocutory order of temporary injunction, pending disposal of the substantive suit and in the mean time, 11(eleven) years has been elapsed, but neither the petitioner nor the opposite-parties took initiative to get heard or disposed of the instant revisional application. Since it is an old matter and the substantive suit is required to be disposed of on merit; in view of the matter, this Court is of the opinion that if a direction is given upon the trial court to hear and dispose of Title Suit No. 263 of 2011 expeditiously then the justice would be best served.

Accordingly, learned Senior Assistant Judge, Sixth Court, Batiaghata, Khulna is hereby directed to hear and dispose of Title Suit No. 263 of 2011 as expeditiously as possible without allowing any unnecessary adjournment.

Accordingly, the Rule is disposed of without any order as to cost. Communicate the order at once.

Obaidul Hasan/B.O.