Present:

Mr. Justice Md. Kamrul Hossain Mollah

Civil Revision No. 834 of 2017

IN THE MATTER OF:

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

- AND -

IN THE MATTER OF:

Abdul Hai Mollah

.....Respondent-Petitioner

-Versus -

Md. Syed Miah @ Kamal Miah

..... Appellant-Opposite Parties Mr. Diponkar Debnath, Advocate

..... for the petitioner No one appears

..... For the Opposite Parties

Heard on 18.10.2023 and Judgment on 19.10.2023

Md. Kamrul Hossain Mollah, J:

On an application filed by the petitioner, under Section 115(1) of the

Code of Civil Procedure, this Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 21.11.2016 passed by the learned Joint District Judge, 2nd Court, Brahmanbaria in allowing the Miscellaneous Appeal No. 69 of 2010 and reversing the judgment and order dated 17.08.2010 passed by the learned

Senior Assistant Judge, Kosba, Brahmanbaria in Miscellaneous (Pre- emption) Case No. 12 of 2006 should not be set-aside and/or pass such other or further order or orders passed as to this Court may seem fit and proper.

At the time of issuance of the Rule this Court stayed the operati