Present:

MR. JUSTICE S.M. EMDADUL HOQUE CIVIL REVISION NO. 2990 OF 2023.

IN THE MATTER OF:

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

- AND -

IN THE MATTER OF:

Abu Bakar Talukder and others.

….Plaintiff-petitioners.

-Versus –

Belayet Hossain Talukder and others.

….Defendant-opposite parties.

Mr. Alok Kumar Bhowmik, Advocate.

….. For the petitioners.

Mr. Md. Shahidul Islam, Advocate with

Mr. Md. Riaz Hossain Sikder, Advocate with Mr. S.M. Zakir Hossain, Advocate.

….. For opposite parties.

Heard and Judgment on 05.03.2024.

On an application of the petitioners Abu Bakar Talukder and others

under section 115 (1) of the Code of Civil Procedure the Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 02.11.2022 passed by the learned Joint District Judge, 2nd Court, Jhalokathi in Miscellaneous Appeal No. 01 of 2022 dismissing the miscellaneous appeal and thereby affirming the judgment and order dated 15.12.2021 passed by the learned Senior Assistant Judge, Rajapur, Jhalokhati in Title Suit No. 211 of 2021 rejecting the application under Order XXXIX Rule 1 read with section 151 of the Code of Civil Procedure should not be set aside.

Facts necessary for disposal of the Rule, in short, is that the petitioners as plaintiffs instituted Title Suit No. 211 of 2021 before the Senior Assistant Judge, Rajapur, Jhalokhati against the defendant for partition of “ka” schedule land.

Thereafter, the plaintiff petitioner filed an application for temporary injunction under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure against the defendant Nos. 1-5 and 17 on 04.11.2021.

The defendant Nos. 1-2 enter appeared and filed written objection against the said application for temporary injunction.

The trial court after hearing the parties and considering the facts and circumstances of the case rejecting the said application by its judgment and order dated 15.12.2021.

Against the judgment and order of the trial court the plaintiff petitioner preferred Miscellaneous Appeal No. 01 of 2022 before the learned District Judge, Jhalokathi.

The appeal was heard by the Joint District Judge, 2nd Court, Jhalokathi who after hearing the parties and considering the facts and circumstances of the case as well as the papers and documents as available on record dismissing the appeal and affirming the judgment and order of the trial court by its judgment and order dated 01.11.2022.

Being aggrieved by and dissatisfied with the impugned judgment and order of the courts below the plaintiff-petitioners filed this revisional application under Section 115(1) of the Code of Civil Procedure and obtained the present Rule.

Mr. Md. Shahidul Islam, the learned Advocate along with Mr. Md. Riaz Hossain Sikder and Mr. S.M. Zakir Hossain, Advocate enter appeared on behalf of the defendant-opposite-party Nos. 1-6 through vokalatnama and also filed a counter affidavit.

Mr. Alok Kumar Bhowmik, the learned Advocate appearing on behalf of the defendant-petitioners submits that both the courts without considering the material facts of the case erroneously passed the impugned judgment. He submits that the courts below did not consider that the petitioners succeed to prove their right, title and interest of the suit land and also specifically mentioned that the defendant Nos.1-5 and 7 trying to grab the said property of the plaintiffs by illegal way and the defendants threatened them that they would establish a Madrasah in the suit land thus the plaintiffs are constrained to file this application for injunction but both the courts did not consider the said material facts, erroneously passed the impugned judgment. He prayed for making the Rule absolute.

On the contrary Mr. Md. Shahidul Islam, the learned Advocate appearing on behalf of the opposite-parties submits