SAIFUL ALAM Vs. KAMAL UDDIN SABUJ

JUDGEMENT

(1.) This Civil Miscellaneous Petition has been filed against the order dated 16.01.2011, passed by the High Court Division in Civil Revision No. 83 of 2011, staying operation of the orders dated 05.01.2011 and 10.01.2011 passed by the Assistant Judge 4th Court, Dhaka in Title suit No. 05 of 2011.

(2.) It appears that the suit was filed on behlaf of the petitioner praying for a declaration inter alia that the election of Press Club, Dhaka dated 31.12.2010, is illegal, malafide and of no legal value. In the suit the plaintiffs filed an application for temporary injunction and the learned Assistant Judge by an order dated 05.01.2011, issued a notice upon the defendants to show-cause within 1(one) day from the date of its receipt as to why they would not be restrained by an order of temporary injunction to hand over charge to the defendent nos. 6 and 7 and also made an interim order restraining the defendants from handing over charge to the defendant nos. 6 and 7 and their cabinet and also from holding their office.

(3.) It appears that on that very date on 5.01.20111 the defendants took over the charge, apparently in violation of the order of Assistant Judge and being aggrieved the plaintiffs filed a petition praying for staying further works of the new committee and to hand over the charge to the previous committee. The defendants filed the written objection against this application on 10.01.2011 and the Trial Court after hearing, directed the defendants to hand over the charge to the outgoing committee within 7(seven) days from the date of the said order and also restrained the defendant No. 6 and 7 from taking over charge.