IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(Civil Appellate Jurisdiction)

First Miscellaneous Appeal No. 49 of 2018

with

(Civil Rule No. 366 (FM) of 2022)

In the matter of:

Sree Dilip Kumar Biswas, son of late Satish Chandra Biswas of village- Tarora, Post Office- Goalbathan, Police Station and District- Magura, present address: 19/1, Larmini Street Wari, Police Station- Sutrapur, District- Dhaka-1203.

… Appellant

-Versus-

Md. Amirul Islam (Shelly), son of late Abdul Mazid (1) Advocate of village- Haspatal Para, Magura, Police Station and District- Magura and others.

…Respondents

Mr. Shasti Sarker with

Mr. Laxman Biswas, Advocates

…For the appellant-petitioner

Mr. Mustafa Niaz Muhammad, Senior Advocate with

Mr. Md. Ekramul Islam, Advocate

…For the respondent-opposite-party no. 1

Heard on 13.02.2024 and 28.02.2024. Judgment on 28.02.2024.

Present:

Mr. Justice Md. Mozibur Rahman Miah

And

Mr. Justice Mohi Uddin Shamim

Md. Mozibur Rahman Miah, J.

Since the facts and point of law involved in the appeal and that of the rule are intertwined, they have heard together and are being disposed of by this common judgment.

At the instance of the pre-emptee in Pre-emption Misce