IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Moinul Islam Chowdhury

CIVIL REVISION NO. 981 OF 2016

IN THE MATTER OF:

An application under section 115(1) of the Code of Civil Procedure. (Against Order)

-And-

IN THE MATTER OF:

Md. Amir Hossain alias Amirul

--- Defendant-Appellant-Petitioner. -Versus-

Mst. Moymon Nessa Bewa and others

--- Plaintiff-Respondent-Opposite Parties. No one appears

--- For the Defendant-Appellant-Petitioner. Mr. Md. Monowar Hossain, Advocate

---For the Plaintiff-Res.-Opposite Parties.

Heard on: 11.07.2023, 25.07.2023 and 06.08.2023.

Judgment on: 06.08.2023.

At the instance of the present defendant-appellant- petitioner, Md. Amir Hossain alias Amirul, this Rule was issued upon a revisional application filed under section 115(1) of the Code of Civil Procedure calling upon the opposite party Nos. 1-6 to show cause as to why the impugned judgment and order dated 02.02.2016 passed by the learned Additional District Judge, Court No. 1, Rangpur in the Miscellaneous Appeal No. 46 of 2010 dismissing the appeal and thereby affirming the judgment

and order dated 29.07.2010 passed by the learned Assistant Judge, Kaunia, Rangpur in the Other Suit No. 31 of 2010 allowing the application for temporary injunction should not be set aside.

The relevant facts in short for disposal of this Rule, inter- alia, are that the present opposite party Nos. 1-6 as the plaintiffs filed the Other Suit No. 31 of 2010 in the court of the learned Assistant Judge, Kaunia, Rangpur for partition of the land described in the schedule ‘Ka’ of the plaint claiming Shaham of

.85 3 acres of land out of total land measuring (1.14 + 3.35) =

4

4.49 acres and also for declaration of confirmation of possession in respect of the land measuring .40 acres of land out of aforesaid ‘Ka’ schedule of land described in schedule ‘Kha’ of the plaint. In the said suit the opposite parties as the plaintiffs filed an application for a temporary injunction on 07.06.2010 under Order XXXIX (39) rule 1 read with section 151 of the Code of Civil Procedure with a prayer that the plaintiffs are the owners of

the land measuring .42 3 acres and also the land measuring .29 3 4 4

acres by different deeds out of total land measuring .05 acres of land. The plaintiffs described that they are cultivating some of the above land and they have been the owner of some fisheries land but some portion of the fisheries land has been merged with the land of the Water Development Board (WDB) which was acquired by the Water Development Board (WDB) and also Tista Flood Control Dam. The plaintiffs also trying to get a lease and they prayed on 09.07.1997 before the Executive Engineer, Rangpur Cannel Division. Defendndant No. 2 directed the District Fishery Officer to give a lease out the land to the plaintiffs permanently but could not, because of no power to give permanent lease which belonged to WDB. Thereafter on 21.10.1997 they prayed getting lease to the State Minister, Ministry of Fishery and Livestock of the Government of the People’s Republic of Bangladesh and they have established the Fishery Project “Borobit” (“h l¡¢hV”).

The present opposite party No. 3 as the defendant contested the suit by filing a written objection on 13.07.2010 contending inter alia that the defendant No. 3 as the president of 18 members local beneficiary of the “Borobit” (“h l¡¢hV”) / Fishery Re-excavation / Fresh Excavation Project under the approval of the relevant Authority of the Government. The

Government as the defendant appeared and contested the suit without filing any written objection to the temporary injunction.

After hearing the parties the learned Assistant Judge, Kaunia, Rangpur allowed the application for a temporary injunction by the judgment and order dated 29.07.2010. Being aggrieved