KABIR AHMED Vs. SULTAN AHAMMED

JUDGEMENT

(1.) All these 3 matters as per order of a Division Bench of this Court was directed for analogous hearing but in fact, these 3 items arisen from three separate cause of action as such are dealt with separately.

(2.) Appeal From Original Decree No. 123 of 2008 by the plaintiffs directed against judgment and decree dated 9.10.2007 passed by the learned Joint District Judge, 3rd Court, Comilla rejecting the plaint of Title Suit No. 9 of 2005.

(3.) Plaintiffs instituted the aforesaid suit for partition with further declaration that preliminary decree dated 15.03.1999 and final decree dated 08.07.2001 passed by the learned subordinate judge, 2nd Court, Comilla in Title Suit No. 61 of 1983 are not enforceable with further prayer for staying the proceeding of Title Execution Case No. 2 of 2002.