Present:

Mr. Justice Md. Kamrul Hossain Mollah

Civil Revision No.4953 of 2022

IN THE MATTER OF:

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

- AND -

IN THE MATTER OF:

Md. Shah Alam Hang and others

... Defendant-Petitioners

-Versus –

A. Sobhan Khan and others

... Plaintiff-Opposite Parties Mr. Mohammad Eunus, Advocate

…. For the petitioners Mr. Md. Ikram Hossain, Advocate

…For the Opposite Parties

Heard on 24.11.2023 and Judgment on 12.12.2023

Md. Kamrul Hossain Mollah, J:

On an application filed by the petitioners, under section 115(1) of the

Code of Civil Procedure, this Rule was issued calling upon the opposite parties to show cause as to why the judgment and order dated 13.10.2022 passed by the learned Senior District Judge, Patuakhali in Miscellaneous Appeal No.51 of 2021, allowing the Appeal and thereby reversing the judgment and order dated 04.10.2021 passed by the learned Joint District, 1st Court, Patuakhali in Title Suit No.258 of 2021 rejecting the application for temporary injunction should not be set-aside and/or pass such other or further order or orders as to this Court may seem fit and proper.

At the time of issuance of the Rule this Court stayed the operation of the judgment and order dated 13.10.2022 passed by the learned Senior District Judge, Patuakhali in Miscellaneous Appeal No.51 of 2021 for a period of 06(six) months and directed the parties to maintain status-quo in respect of possession and position of the suit land.

Facts necessary for disposal of the Rule, in short, are that the opposite parties as plaintiffs instituted Title Suit No.258 of 2021 in the Court of the learned Joint District Judge, 1st Court, Patuakhali for declaring the judgment and decree for the ‘ka’ and ‘Kha’ schedule property are illegal, malafide and for settinga-aside the same on the point of view that they are the owner of the property by way of settlements from the Government being Settlement Case No.201K/2004-05 and 56K/2005-06. At the same time they also filed an application under Order 39 Rule 1 and 2 and read with section 151 of the Code of Civil Procedure for temporary injunction against the defendants No.1-10 for not to disturb them from their peaceful possession of the suit property.

The defendants-petitioners appeared and contest the suit and also contest the application for injunction by filing a written statement and written objection against the said injunction petition and they also clearly stated in their written statement about the ownership by way of deed of kabalas from the recorded owner namely Abdul Khalek and Abdul Motleb since long ago and as such the subsequently B.S. record already been published in the name of the present defendants and they also owning and possessing the same by erecting homestead and cultivating agricultural land. The defendants also paid the rents to the Government regularly and they prayed for rejection of the application for temporary injunction which was filed by the plaintiffs, thereafter, the learned trial Court after hearing and perusal of the records and also considering the submission of the learned Advocate of the parties and rejected the application for temporary injunction by the judgment and order dated 04.10.2021.

Being aggrieved by and dissatisfied with the judgment and order dated 04.10.2021 passed by the learned Joint District Judge, 1st Court, Patuakhali in Title Suit No.258 of 2021 the opposite parties filed Miscellaneous AppealNo.51 of 2021 before the Court of learned Senior District Judge, Patuakhali. After hearing both the parties and considering all material on record the learned Senior District Judge, Patuakhali allowed the said Appeal and thereby reversing the judgment and order dated 04.10.2021 passed by the learned Joint District, 1st Court, Patuakhali in Title Suit No.258 of 2021 rejecting the application for temporary injunction by his judgment and order dated 13.10.2022.

Being aggrieved by and dissatisfied with the judg