EXECUTIVE ENGINEER, ROADS AND HIGHWAYS Vs. NADERUZZAMAN

JUDGEMENT

(1.) This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 26-1-2006 passed by the learned Joint District Judge, 2nd Court, Noakhali in Miscellaneous (Review) Case No. 12 of 2005 allowing the review upon reversing the judgment and order dated 21-5-2005 passed by the learned Joint District Judge, 2nd Court, Noakhali dismissing Miscellaneous Appeal No. 21 of 2004 upon affirming the judgment and order dated 7-4-2004 passed by the learned Senior Assistant Judge, Begumgonj, Noakhali rejecting the prayer for temporary injunction in Title Suit No. 94 of 2001 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper.

(2.) The opposite party No. 1 as the plaintiff through his attorney Abul Kashem filed Title Suit No. 94 of 2001 before the learned Senior Assistant Judge, Begumgonj, Noakhali impleading the present petitioner and opposite party Nos. 2-5 as defendants praying for the following relief: ....[VARNACULAR TEXT OMITTED]....In the said suit the plaintiff made a prayer for temporary injunction which was rejected by the trial Court on 7-4-04.

(3.) The plaintiff then preferred Miscellaneous Appeal No. 21 of 2004 before the learned District Judge, Noakhali. The learned Joint District Judge, who heard the said appeal, concurred with the decision of the trial Court and by order dated 21-5-05 dismissed the appeal and affirmed the decision of the trial Court. The plaintiff then preferred Miscellaneous (Review) Case No. 12 of 2005 before the 2nd Court of the learned Joint District Judge, Noakhali. The learned Joint District Judge, 2nd Court, Noakhali upon hearing the parties by the impugned order dated 26-1-06 allowed the review petition, reversed the decision of the appellate Court and the trial Court and allowed the plaintiff's prayer for temporary injunction restraining the defendants 1-5 to lease out the disputed property elsewhere till disposal of the original suit.