SHEIKH ABDUL MAZED Vs. MD. SHOMREJ ALI MANDAL

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment dated May 7, 2005 of a Single Bench of the High Court Division in Civil Revision No. 1748 of 2004 discharging the Rule obtained against the order dated March 3, 2004 passed by the learned District Judge, Satkhira in Civil Revision No. 1 of 2004 dismissing the same and thereupon affirming the order dated June 1, 2003 and November 22, 2003 passed by the 2nd Court of Joint District Judge, Satkhira in Title Suit No. 101 of 1999. The revisional application before the High Court Division was filed under section 115(4) of the Code of Civil Procedure.

(2.) The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint and for further declaring that the compromise decree passed in Title Suit No.69 of 1997 of the Court of Assistant Judge, Sadar, Satkhira is fraudulent and not binding on the plaintiffs.

(3.) The defendant entered appearance and filed written statement. At one stage of the suit the plaintiffs filed an application under section 151 of the Code of Civil Procedure with the prayer for staying the operation of the soleh (compromise) decree dated September 1, 1997 passed in Title Suit No.69 of 1997 till disposal of the plaintiffs' suit and the trial Court upon hearing the parties allowed the application so filed with the prayer for staying the soleh decree.