IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

CIVIL REVISION No. 63 OF 2023.

Md. Mahmudul Haque Patowary and others

...Petitioners. -Versus-

Samin Yeasar Haque Patowary and others.

....Opposite parties. Mr. Md. Tahid Uddin Shepon with

Ms. Bethe Debnath, Advocates

…For the petitioners Mr. Md. Nasir Sikder, Advocate

…For the opposite parties

Heard on: 28.10.24, 03.11.2024 and 11.11.24. Judgment on: 12.11.2024.

Present:

Mr. Justice Md. Badruzzaman;

This Rule was issued calling upon the opposite parties to show cause as to why judgment and order dated 13.11.2022 passed by learned District Judge, Dhaka in Civil Miscellaneous Appeal No. 237 of 2022 dismissing the appeal summarily and thereby affirming judgment and order dated 20.06.2022 passed by learned Joint District Judge, 4th Court, Dhaka in Miscellaneous Case No. 13 of 2015 allowing the case filed under Order IX rule 13 of the Code of Civil Procedure should not be set aside.

During issuance of Rule further proceedings of Title Suit No. 218 of 2004 was stayed for a period of 06 (six) months which was subsequently, extended time to time.

Facts, relevant, f