MOZHARUL ISLAM CHOWDHURY, ADVOCATE Vs. DILIP KUMAR ROY

JUDGEMENT

(1.) This appeal, at the instance of decree-holder-appellant, has arisen out of leave granted on 24lh August. 2003 in civil petition for leave to Appeal No. 1122 of 2002 which was preferred by the appellant against the judgment and order dated 30-04-2002 passed by the learned Single Judge of the High Court Division discharging the Rule in Civil Revision No.12 of 1995.

(2.) The short facts are that the appellant filed Title Suit No. 405 of 1984 against the respondent Nos.3-4 for Specific Performance of Contract in the First Court of the Subordinate Judge, Dhaka for refusing to execute and register deed of sale in respect of the suit land in terms of the Bainanama (agreement) dated 07-10-1983 in favour of the appellant. That the learned trial Court after due service of summons upon the defendant-respondents and exhausting all the process of law decreed the suit ex-parte on 29-06-1986 but due to failure on the part of respondent No.3 to execute and register the kabala in favour of the appellant for the suit land within 60 days and in the aforesaid terms of the decree, the appellant filed Title Execution Case No.20 of 1986 for getting the sale deed registered and possession of the suit property through Court, after depositing the balance consideration money in Court. The trial Court having considered the facts and circumstances and the legal process executed and registered the kabala dated 06-01-1987 in favour of the decree holder appellant. Thereafter, the appellant applied in the Execution Case for getting possession of the suit property after evicting the concerned persons therefrom; that while the said matter was pending for disposal, the 3Id party respondent Nos.1 and 2 filed 3 separate applications praying for stay of all further proceedings of the said. Title Execution Case No.20 of 1986 till disposal of Title Suit Nos.141 of 1991 (now Title Suit No.21 of 1993) and 167 of 1991 (now Title Suit No.20 of 1993) in the Court of First Subordinate Judge, Dhaka contending that they have filed the aforesaid suits for declaration of their title and for setting aside the ex-parte decree dated 29-05-1986 mussed in Title Suit No.405 of 1984 and for cancellation of the kabala deed registered through Court in favour of the decree holder appellant; that the Title Execution Case No. 20 of 1986 was transferred to the Subordinate Judge, Commercial Court and Artha Rin Adalat No.2, Dhaka at the instance of respondent No.1 and renumbered as Title Execution Case No. 3 of 1993. The further case is that the aforesaid two separate applications dated 22-05-1991 and 21-06-1992 for stay of the further proceeding of this aforesaid Title Execution Case were taken up by the transferee Court on 10-11-1994 and the learned Subordinate Judge, Commercial Court and Artha Rain Adalat No.2, Dhaka on the same date stayed the further proceeding of the said Title Execution Case No.3 of 1993 for a period of 6(six) months.

(3.) Being aggrieved by the aforesaid judgment and order dated 10-11-1994 the appellant moved the High Court Division in revision by filing Civil Revision Case No.12 of 1995 and the Rule obtained was discharged by the impugned judgment of the High Court Division as aforesaid.