Present:

MR. JUSTICE S.M. EMDADUL HOQUE CIVIL REVISION NO. 1065 OF 2018.

IN THE MATTER OF:

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

- AND -

IN THE MATTER OF:

Md. Ali Osman.

….Defendat-appellant-petitioner.

-Versus –

Mst. Parul Akter Khatun and others.

….Plaintiff-respondent-opposite parties. Mr. Md. Abdul Haque, Advocate.

….. For the petitioner.

Mr. Md. Jashim Uddin, Advocate with

Mrs. Khadiza Akter, Advocate.

….. For opposite parties.

Heard on and Judgment on 29.01.2024.

On an application of the petitioner Md. Ali Osman under section

115 (1) of the Code of Civil Procedure the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impugned judgment and decree dated 08.07.2015 passed by the learned Additional District Judge, Netrakona in Other Class Appeal No. 77 of 2005 disallowing the appeal and affirming the judgment and decree dated 12.03.2005 passed by the learned Assistant Judge, Madan, Netrakona in Partition Suit No. 58 of 1999 should not be set aside.

Mr. Md. Abdul Hoque, the learned Advocate appearing on behalf of the petitioner submits that the sole petitioner died long befo