MAHBUBUR RAHMAN MIAH Vs. MA KABIR CHOWDHURY

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 28th August, 2006 passed by the High Court Division in Civil Revision No.4178 of 2005 making the Rule absolute.

(2.) Short facts as placed before the High Court Division are that the opposite party challenged the impugned judgment and order dated 28.9.2005 passed by the learned Additional District Judge, 3rd Court, Chittagong in Civil Revision No. 2 of 2005 affirming the order dated 30.9.2004 passed by the learned Joint District Judge, 1st Court, Chittagong in Other Execution Case No. 20 of 2003. The opposite party No.1 as plaintiff obtained a decree in Other Class Suit No. 101 of 1989 for declaration of title in schedule-1 of the property and decree for khas possession in report of the property number 2(Ka)-2(Cha) of the schedule of the plaint against the opposite party Nos.2-13. In the plaint of the suit the present petitioner was not a party and the alleged dispossession is said to have taken place in 1989 and the suit was transferred and renumbered as Other Class Suit No. 22 of 1992.

(3.) The trial Court decreed the suit and on appeal judgment was affirmed and thereafter the Execution Case No. 3 of 1997 was filed and it was numbered as Other Execution Case No. 20 of 2003 in the Court of Joint District Judge, 1st Court, Chittagong and the said execution case was disposed of on full satisfaction after delivery of possession as per report of the bailiff order dated 12.7.2003.