ABDUR RAHMAN Vs. JAN BIBI

JUDGEMENT

(1.) This petition for leave to appeal is directed against the order dated August 16, 2005 of a Single Bench of the High Court Division in Civil Revision No.326 of 2004 allowing an application for injunction restraining the opposite party No.2 from making construction of any house in the land in suit and not to change the nature and character of the property in suit.

(2.) The civil Revision has been filed against the judgment and order dated November 22, 2003 of the Court of Joint District Judge, Chittagong in Miscellaneous Appeal No. 171 of 2003 affirming the judgment and order dated August 26, 2003 of the Court of Assistant Judge, Mirsharai, Chittagong in Partition Suit No. 41 of 2003.

(3.) The suit was filed seeking a decree for partition of the land described in the schedule as well as for a decree of permanent injunction in respect of the land described in schedule 1(ka). The plaintiff upon instituting the aforementioned suit filed an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure seeking injunction against the defendant Nos. 1 and 2.