IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(Civil Appellate Jurisdiction)

First Miscellaneous Appeal No. 121 of 2020

In the matter of:

Md. Ehsanul Abedin

… Appellant

-Versus-

Md. Minhajul Abedin and another

…Respondents Mr. Meah Mohammed Kausar Alam, Advocae with

Mr. Md. Joynul Abedin Bhuiyan. Advocate

…For the appellant None represented

....For the respondents

Heard on 15.05.2024 20.05.2024 21.05.2024 and Judgment on 26.05.2024

Present:

Mr. Justice Md. Mozibur Rahman Miah

And

Mr. Justice Md. Bashir Ullah

Md. Mozibur Rahman Miah, J.

At the instance of the plaintiff in Title Suit No. 316 of 2017, this rule was issued calling upon the opposite party nos. 1 and 2 to show cause as to why the order No. 14 dated 25.02.2019 passed by the learned Joint District Judge, 1st Court, Dhaka rejecting the application for appointing a receiver should not be set aside and/or pass such other or further order or orders as to this court may seem fit and proper. Mentionable, since the order is an appealable order within the meaning of Order 43 of the Code of Civil Procedure, this court subsequently vide order dated 20.02.2022 converted the said revision into First Miscellaneous Appeal.

The short facts leading to preferring this appeal are:

The present appellant as plaintiff filed the aforesaid suit seeking following reliefs:

1. Pass a preliminary decree in favour of the

plaintiff against the defendant to the extent of 1/3 (one third) share of land i.e. 0.93 katha and commercial floor area measuring more or less 2,667 square feet by metes and bounds out of the total land measuring 2.79 kathas and the 4(four) stories commercial building measuring 8,000 sq, ft, on schedule-A property within the specified time given by the learned court;

2. Pass a final decree in favour of the plaintiff

against the defendants by appointing a survey knowing Advocate Commissioner followed by preparign separate chita, scath map, filed book, etgc, of the defendant fail to partition the schedule-A property by metes and bounds within the specified time give by the learned court.;

3. Pass a preliminary decree in favour of the

plaintiff against the defendants to submit accounts of arrear rents advances, and interest over the period of October, 1986 to February, 2017 for 2,667 sq, ft. commercial area mentioned in the schedule-B of the plaint and submit the same to the earned court within the specified time fix by the learned court.

4. Pass a final decree in favour of the plaintiff

against the defendants by appointing a Chattered Accountant’s firm for examine and calculate all the arrear rents, advances and interest as gained by the plaintiff since October, 1986 to February, 2017 followed by preparing a calculation sheet if the defendant fail to submit