Present:-

Mr. Justice Mahmudul Hoque

Civil Revision No. 5212 of 2005 Md. Anower Hossain

... Petitioner -Versus-

Hamida Khatun and others

...Opposite-parties

No one appeared.

...For the petitioner Mr. A. Z. M. Mohiuddin, Advocate

...For the opposite-party No. 1.

Heard on 08.05.24, 09.05.24 and Judgment on 12th May, 2024.

On an application under Section 115(1) of the Code of Civil Procedure this Rule was issued at the instance of the petitioner calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 30.05.2005 passed by the learned Joint District Judge, 2nd Court, Habigonj in Miscellaneous Appeal No. 19 of 2002 dismissing the same and affirming the judgment and order dated 13.02.2002 passed by the learned Assistant Judge, Bahubal, Baniachong, Habigonj in Pre-emption Case No. 01 of 1992 allowing the pre-emption case in part should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper.

Facts relevant for disposal of this Rule, in short, are that the opposite-party, as pre-emptor, filed Pre-emption Case No. 01 of 1992 in the Court of Assistant Judge, Bahubal, Baniachong, Habigonj s