Present:-

Mr. Justice Mahmudul Hoque

Civil Revision No. 607 of 2004

Mohiuddin Ahammad and another

... Petitioners -Versus-

Md. Daulat Miah and others

...Opposite-Parties

Ms. Syeda Nasrin with

Mr. Md. Razu Howlader Palash,

Mr. Bibek Chandra,

Mr. Saddam Hossain,

Mr. Golam Kibria,

Mr. Khandokar Sultan Ahmed,

Ms. Jannatul Islam Peya and

Mr. Murad Hossain, Advocates

...For the Petitioners Mr. Mohammad Ali Azam, Advocate

...For the Opposite-Party No. 1.

Judgment on 13rd November, 2024.

On an application under Section 115(1) of the Code of Civil Procedure this Rule was issued at the instance of the petitioners calling upon the opposite party No.1 to show cause as to why the judgment and order dated 24.11.2003 passed by the learned Additional District Judge, 2nd Court, Kishoreganj in Miscellaneous Appeal No. 17 of 1998 allowing the appeal and thereby reversing the judgment and order dated 21.07.1998 passed by the learned Senior Assistant Judge, Bajitpur, Kishoreganj in Pre-emption Case No. 05 of 1996 dismissing the case should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper.

Shorn of unnecessary details, fact of the c