NAWAB ALI Vs. REYAZ AHMED

JUDGEMENT

(1.) This miscellaneous appeal has been filed against the order, dated 24-7-1998, passed by Subordinate Judge, I, Gopalganj, in final decree No. 12 of 1961, whereby the learned Subordinate Judge has directed both the parties to maintain status quo till final preparation of another final decree. According to the appellant, the Court below has not considered that once a final decree was prepared it could not have taken step for preparation of another final decree on the basis of application filed by one of the defendants which will be an unending process of creating instability among the parties to the suit. The number to plot has not been mentioned in the petition over which construction was sought to be made.

(2.) Plaintiff Bibi Khatoon had filed Title Suit No. 12 of 1961 for partition of her share in the suit property. By the judgment dated 22-4-1964, passed by the learned Additional Subordinate Judge, I, Chapra, Title Suit No. 12 of 1961/17 of 1964 was decreed on contest against defendant No. 2 in terms of compromise against those defendants who had entered into compromise with the plaintiff and ex-parte against those defendants who had not appeared. The preliminary decree in the partition suit was prepared and it was sealed and signed by the learned Subordinate Judge on 7-5- 1964. Thereafter, final decree was prepared in this case and it was sealed and signed by the learned Subordinate Judge on 2-8-1993. Defendants Nos. 6 to 9 (Abdul Majid, Nawab All and Sajay Ali) got 29 bigha 18 Kahta and 8 dhurs of land in their share. Defendant No. 6 Ahdul Majid was father of applicant respondent No.1 Reyaz Ahmad.

(3.) Reyaz Ahmad, defendant No. 6 Ga son of Abdul Majid (Abdul Majid was original defendant No. 6 in the Title Suit) filed a petition on 1-6-1998 in the Court of Subordinate Judge. I, Gopalganj, in respect of final decree of Title Suit No. 12 of 1961 for separation of his 7/176th share in the suit property. Thereafter, on 12-6-1998 Reyaz Ahmad filed a petition in the court of Subordinate Judge, I, Gopalganj, for order of injunction to restrain the opposite parties from changing the land in suit and from making construction thereon and from selling it. By the impugned order, dated 24-7-1998, the learned Subordinate Judge ordered the applicant and opposite parties to maintain status quo till final preparation of another final decree.