Present:

Mr. Justice Sheikh Abdul Awal

and

Mr. Justice Md. Mansur Alam

First Miscellaneous Appeal No. 137 of 2006 In the  Matter of:

Memorandum of appeal from the original order.

-and- In the Matter of:

Court  of  Wards,  Dhaka  Nowab  Estate, represented by its Manager and others.

                              .......Plaintiff-appellants.

        -Versus-

Nobab Sir Salimullah Welfare Association represented  by  its  Chairman-Khaza  Zaki Ahsanullah  and  secretary  General  Khaja Nayem Murad and others

......Defendant-respondents.

Mr. A.K. Rashedul Huq, Advocate

  ……. For the appellants.

Mr. Khalilur Rahman, Advocate.

......For the respondent Nos. 1-3.

Heard on 22.10.2024, 31.10.2024 and Judgment on 10.11.2024.

Sheikh Abdul Awal, J:

This  First  Miscellaneous  Appeal  at  the  instance  of  the defendant-appellant is directed against the judgment and order

dated 02.02.2005 passed by the learned Joint District Judge, 5th Court,  Dhaka  in  Title  Suit  No.  130  of  2004  allowing  the application for temporary injunction.

Having heard the learned Advocates for both the sides and having  gone  through  memo  of  appeal  and  other  materials  on record including the impugned order dated 02.02.2005 and order of this Court dated 24.05.2005.

On  scrutiny  of  the  record,  it  appears  that  the  appellants preferred this First Miscellaneous Appeal against an order dated 02.02.2005 passed by the learned Joint District Judge, 5th Court, Dhaka directing the parties to maintain status-quo in respect of possession of the suit land. Against the said order of status-quo an application for stay was moved before this Court and this Court upon hearing the same only issued Rule on 24.05.2005. Since no interim order of stay has been passed, the order of the trial Court dated 02.02.2005 is still in force. Meanwhile, 20 years has already been elapsed. On a query from the Court the learned Advocates for  the  parties  submits  that  the  suit  is  now  pending  for  pre- emptory hearing. In a case of this nature and in the facts and circumstances  of  the  case  as  revealed  from  the  materials  on record, we are of the view that the ends of justice would be best served, if we dispose of this First Miscellaneous Appeal giving a direction to the trial court concerned to hear and dispose of the suit within a reasonable time without giving any time to any of the parties and in the meantime the parties will maintain status- quo in respect possession of the suit land.

Hence, it is ordered that the learned trial judge is directed to hear and dispose of the suit expeditiously as early as possible preferably  within  six  months  from  the  date  of  receipt  of  this judgment  in  accordance  with  law  without  giving  any adjournments of the suit and in the meantime the parties are also directed to maintain status-quo in respect of possession of the suit land till the disposal of Title Suit No. 130 of 2004. 

The Rule is disposed of in the above manner. There will be no order as to costs.

Since the appeal is disposed of, the connected Rule being Civil Rule No. 361 (FM) of 2005 is also disposed of.

Let a copy of this judgment along with lower Courts’ record be sent down to the Courts concerned at once.

Md. Mansur Alam, J:

I agree.