MD. KHORSHED ALAM Vs. MOHAMMAD ALI

JUDGEMENT

(1.) Delays of 129 days and 79 days in filing the Civil Petition Nos.83 of 2009 and 129 of 2009 respectively are hereby condoned.

(2.) These petitions for leave to appeal arising out of the same judgment and order are taken together for hearing analogously. These leave petitions are directed against the judgment and order dated 04.11.2008 passed a Division Bench of the High Court Division in First Miscellaneous Appeal No.37 of 2007 dismissing the appeal and thereby affirming the order No.25 dated 06.02.2007 passed by the learned Joint District Judge, 3rd Court, Chittagong in Other Class Suit No. 346 of 2005 granting mandatory injunction directing the added defendant Nos.3 and 4 petitioners to deliver possession of Suit Shop No. 19 of Younusco City Center in favour of the proforma respondent Nos.2 and 3.

(3.) The facts of the case, in short, are that the respondent No.1 as the plaintiff on 30.07.2005 instituted Other Class Suit No. 191 of 2005 against the defendant No.1 and 2 for a declaration that he is the legal allottee of the Shop No. 19 of the Younusco City Center and the defendants have no right to cancel the same and for some other reliefs. The Suit was filed in the First Court of Joint District Judge, Chittagong, which, on transfer, to the Court of Joint District Judge, Third Court, and Chittagong was renumbered as Other Class Suit No.346 of 2005.