Present:

MR. JUSTICE S.M. EMDADUL HOQUE

CIVIL REVISION NO.1129 OF 2019. IN THE MATTER OF:

An application under Section 115 (4) of the Code of Civil Procedure.

- AND -

IN THE MATTER OF:

Md. Hatem Ali Shikder

..... Defendant-Petitioner. -Versus-

A. Salam Khalifa and others

…… Plaintiff-Opposite parties.

Mr. Ajgor Hossain, Advocate

….. For the petitioner.

Mr. Dipayan Saha, Advocate

…. For the opposite parties.

Heard and Judgment on: 29.07.2024.

On an application of the petitioner Md. Hatem Ali Shikder under section 115 (4) of the Code of Civil Procedure the leave was granted and the Rule was issued calling upon the opposite parties to show cause as to why the impugned order No.03 dated 29.11.2018 passed by the learned District Judge, Barishal in Civil Revision No.53 of 2018 reversing the order No.89 dated 28.08.2018 and order No.90 dated 25.09.2018 passed by the Senior Assistant Judge, Bakerganj, Barishal in Miscellaneous Suit No.22 of 2010 arising out of partition suit No.05 of 1988 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 necessary for disposal of the Rule, in short, is tha