Present:

MR. JUSTICE S.M. EMDADUL HOQUE

CIVIL REVISION NO.1734 OF 2021. IN THE MATTER OF:

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

- AND -

IN THE MATTER OF:

Humayun Kabir and another

..... Defendant-petitioners.

-Versus-

Most. Mafia Khatun and others

…… Opposite parties.

Mr. Md. Mubarak Hossain, Advocates

….. For the petitioners.

Mr. Md. Osman, Advocate

…. For the opposite parties.

Heard on: 04.02.2024, 25.02.2024 and Judgment on: 03.03.2024.

On an application of the petitioner Humayun Kabir and another under section 115 (4) of the Code of Civil Procedure the Rule was issued calling upon the opposite party No.1 to show cause as to why the judgment and order dated 18.02.2021 passed by the learned Additional District Judge, 2nd Court, Cumilla in dismissing the Civil Revision No.81 of 2019 and thereby affirming the judgment and order No.24 dated 20.08.2019 passed by the Assistant Judge, Debidwar, Cumilla in accepting the Commissioner Report in Title Suit No.23 of 2012 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,