Present:

Mr. Justice A.K.M. Asaduzzaman

Civil Revision No.2557 of 2010

Md. Kutubuddin Bhuiyan being dead his heirs Rabiul Islam Bhuiyan and others.

……………Petitioners.

-Versus-

Shakhina Bibi and others

………….Opposite parties.

Mr. Shaheed Alam, Advocate

……….For the petitioners.

Mr. M. Belayet Hossain, Advocate.

.........For the Opposite parties.

Heard and Judgment on 16.05.2024. A.K.M.Asaduzzaman,J.

This rule was issued calling upon the Opposite Parties to

show cause as to why the judgment and decree dated 01.12.2009 passed by the Joint District Judge, 3rd Court, Dhaka in Title Appeal No. 157 of 1998 affirming those dated 30.04.1998 passed by the Assistant Judge, 3rd Additional Court, Dhaka in Title Suit No. 221 of 1997 dismissing the suit should not be set aside.

Petitioner Nos. 8-10 and one Kutubuddin Bhuiyan predecessor of the petitioner Nos. 1-7 as plaintiff filed Title Suit No. 221 of 1997 against the opposite parties for cancellation of auction sale dated 26.09.1995 and for a declaration that the judgment passed in Title Suit No. 5 of 1959 is not binding upon the plaintiffs.

Plaint case in short, inter alia, is that suit property was belonged to Radha Charon Saha,