District: Lalmonirhat

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present

Mr. Justice Sardar Md. Rashed Jahangir

Civil Revision No. 277 of 2009

In the matter of :

Keshob Chandroy Roy Chowdhury

… Petitioner

-Versus-

Modhu Sudon Roy Chowdhury and others

…Opposite-parties

No one appears

...For the petitioner

Mr. Md. Bokhtiar Hossain, Advocate on behalf of

Mr. Md. Iqbal Hossain, Advocate

...For the opposite-party No. 1-5

Heard on: 26.05.2024, 27.05.2024 and 28.05.2024

Judgment on: 29.05.2024

The Rule was issued calling upon the opposite-party Nos. 1 to 5 to show cause as to why the judgment and order dated 09.09.2008 passed by the District Judge, Lalmonirhat in Civil Revision No. 13 of 2008 rejecting the revisional application summarily and affirming the order dated 09.07.2008 passed by the Assistant Judge, Hatibandha, Lalmonirhat in Other Class Suit No.

66 of 2007 rejecting the application for leave to deliver interrogatories purportedly under Order XI, rule 1 of the Code of Civil Procedure on behalf of the defendant No. 1 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper.

At the time of issuance of the Rule on 02.02.2009, all further proceeding of Other Class Suit No. 66 of 2007 has been stayed till disposal of the Rule.

The present opposite-party Nos. 1-5 as plaintiffs instituted Other Class Suit No. 66 of 2007 in the Court of Assistant Judge, Hatibandha, Lalmonirhat for a mandatory injunction compelling the defendant No. 1 to distribute the excess or rest of the usufruct of the „Ka‟ schedule property among the successors of the Shebayet after meeting the expenditure of worshipping, offering to the deities, Sree Sree Modon Mohon Deb Bigroho and Sree Sree Bishwanath Sib Thakur and of other ritual formalities. It is stated that the „Ka‟ schedule property is Debbottor property dedicated by one Volanath Roy Chowdhury through a registered deed of will being No. 4 executed on 07.12.2013 (registered on 03.01.2014) dedicating the „Ka‟ scheduled land along with others to deities, Sree Sree Modon Mohon Deb and Sree Sree Bishwanath Sib Thakur. As per the registered deed of will the eldest son of the family is to be nominated as Shebayet to maintain the ritual formalities and the debbottor property in question. Accordingly, Daroka Nath Chowdhury, the first son of executor Volanath Roy Chowdhury became the first Shebayet and after his death, Durga Mohon Roy Chowdhury became the second Shebayet and thereafter, Debendra Nath Roy Chowdhury, Saroda Mohon Roy Chowdhury, Promotho Bhushon Roy Chowdhury, Kunja Mohon Roy Chowdhury, Nogendra Nath Roy Chowdhury became the Shebayet, sequentially of the Debottor property in question. After the death of Nagendronath Roy Chowdhury, the father of defendant Nos. 1-4, the defendant No. 1 filed an application before the defendant No. 6 claiming to be appointed as Shebayet in place of his father. It has been mentioned in the plaint that the defendant No. 5, Narendra Nath Roy Chowdhury is the eldest male descendant after the death of Nagendra Nath Roy Chowdhury; but the defendant No. 1, keeping the said fact hidden, behind the back filed the aforesaid application before defendant No. 6 and the defendant No. 6 upon receiving the said application on 05.11.2006 by his order passed in Miscellaneous Case No. 1 of 2006-07 directed the successors of late Nagendra Nath Roy Chowdhury to settle the matter in civil court an