Section 10 of the Code of Civil Procedure does not apply for staying proceedings related to distinct subject matters in arbitration and title suits.

At the instance of the petitioner in Arbitration Miscellaneous Case No. 21 of 2023 who stands opposite party no. 1 in Title Suit No. 69 of 2011, this rule was issued calling upon the opposite-parties to show cause

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as to why the judgment and order dated 30.09.2024 passed by the learned District Judge, Dhaka in Arbitration Miscellaneous Case No. 21 of 2023 rejecting an application filed by the present petitioner under section 10 of the Code of Civil Procedure for staying further proceedings of the said Arbitration Miscellaneous case should not be set aside and/or such other or further order or orders be passed as to this court may seem fit and proper.

At the time of issuance of the rule, this court also stayed all further proceedings of Other Class Suit No. 14 of 2020 (though we find it incorrect which would be Miscellaneous Case No. 21 of 2000) for a period of 06(six) months.

The short facts leading to issuance of the instant rule are:

The opposite party nos. 1-7 as petitioners originally filed a case being Miscellaneous Case No. 14 of 2020 under section 31 and 32 of erstwhile Arbitration Act 1940 and that of section 12 of the Arbitration Act, 2001 for appointing a sole arbitrator to pass an award arose between the present opposite party nos. 1-7 and 8-9 contending inter alia that, one Mohammad Moazzam Hossain, herein the petitioner got the suit property as a lease hold property of Rajdhani Unnion Kartipakkha (shortly “RAJUK) by of lease deed dated 05.06.1983. Subsequently, that Mohammad Moazzam Hossain in order to construct a 3-multi storied apartment entered into an agreement with the present opposite party nos. 8 and 9 (herein after referred to as “developer”) and accordingly a deed of agreement was executed between them on 08.01.2006. Thereafter the said developer obtained a power-of-attorney from the land owner, the petitioner and started constructing the apartment over that scheduled property. During the course of construction, the present opposite party nos. 8 and 9, the developer offered to sale the flats it got under the agreement and entered into contacts with present opposite party nos. 1-7 on different occasions. After making payment of entire price so the claimed by the developer, the opposite party nos. 1-7 then insisted the developer to execute and register sale deeds in respect of the flats when it (the developer) disclosed that until and unless a permission for sale is given by the RAJUK, to the flat owner, it would not be possible to register any sale deed even though 10 years have elapsed following execution of the contract between the developer and the flat purchasers herein the opposite party nos. 1-7. However, failing to obtain sale “permission” by the developer through its land owner and the developer could not register any sale deed in favour of the opposite party nos. 1-7, they then took resort to the condition nos. 31 and 32 of the agreement and requested the developer to settle the dispute amicably but the developer, did not pay any heed to the request, compelling the opposite party nos. 1-7 to invoke to the provision of section 12 of the Arbitration Act for appointing a sole arbitrator to settle the dispute among themsalves and filed a Miscellaneous Case No. 14 of 2020. The learned District Judge after hearing the claimants flat purchasers then vide judgment and order dated 25.01.2022 appointed a sole arbitrator namely Mr. Manzarul Basit, retired District Judge in that Miscellaneous Case. Having been appointed an arbitrator, the sole arbitrator then passed an award on 20.06.2022 in favour of the opposite party nos. 1-7. To execute the said award the opposite party nos. 1-7 then filed an Execution Case being Executino Case No. 14 of 2022. But challenging the award dated 20.06.2022, the appellant-

petitioner that is, the land owner filed Arbitration Miscellaneous Case No.

21 of 2023 under section 42 and 43 of Arbitration Act, 2001 making

flowing reliefs:

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