ABUL KASHEM Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) By these four applications, the defendant opposite party Nos.3-5 of four Civil Revision Cases arising out of four Civil Revision Petitions under section 115 of the Code of Civil Procedure seek vacating the order dated 2-11-1999 recorded by a learned Single Judge disposing of Civil Revision cases in terms of conditions laid down in paragraph No.4 of a petition of compromise allegedly between the plaintiff-petitioner of the four Civil Revision cases and the defendant-opposite-party Nos.3-5 of the said Revision cases. The four applications have been sent to me by the Honorable Chief Justice for disposal. The four applications for Civil Revision cases are being disposed of by this common Judgment and order.

(2.) The genesis of the essential facts forming the background of four petitions may succinctly be stated which are as follows: Petitioner of the four Civil Revision Petitions Abul Kashem as plaintiff laid a suit being Title Suit No. 361 of 1993 in the First Court of Assistant Judge, Dhaka, for declaration that the Mutation Case No. 99 of 1987-88 filed by the defendant No.1 in the office of defendant No.2 for cancellation of Mutation in the name of the plaintiff in respect of property mentioned in the schedule to the plaint and all actions taken on such petition in the said mutation case by defendant No. 2 are illegal and also for declaration of title in respect of the schedule property. The plaintiff is alleged to have acquired ownership and possession on the suit property by way of Heba-bil-ewaz deed dated 1-3-1986. It is asserted by the plaintiff that he had been residing on the property with members of his family and constructed different shops.

(3.) The defendant Nos.1 and 2, 3-5, 6 and 7 resisted the suit by presenting separate written statements.