Present:

MR. JUSTICE S.M. EMDADUL HOQUE

Civil Revision No. 2074 of 2015.

IN THE MATTER OF:

An application under Section 115(1) of the Code of Civil Procedure.

A N D

IN THE MATTER OF:

Nazrul Islam

..... defendant-appellant-Petitioner. -Versus –

Md. Abdul Momin and others

..... opposite parties.

Mr. Md. Azizul Hoque, Advocate

….. for the petitioner

Mr. Md. Omar Farook, Advocate

..... for the opposite party No.1

Heard On: 16.02.2022,22.02.2022

and Judgment on: 26.01.2022.

On an application of the petitioner Nazrul Islam under Section

115(1) of the Code of Civil Procedure the Rule was issued calling upon

the opposite party Nos.1-3 to show cause as to why impugned judgment

and order dated 29.01.2015 passed by the Additional District Judge,

Deolia Court, Chattogram in Miscellaneous Appeal No.09 of 2004 allowing the appeal and thereby reversing the judgment and order dated 01.12.2003 passed by the Senior Assistant Judge, Rangunia Court, Chittogram in Miscellaneous Case No.32 of 2002 rejecting the pre-emption should not be set-aside and/or pass such other or further order or orders as to this Court may seem fit and proper.

Facts necessary for di