High Court Division · Civil Revisional Jurisdiction
Mst Tohibun Huda v Md Tahmidur Rahman and others
Civil Revision 3164/2013 · Rule disposed of with directions · Decided 8 September 2026
The petitioner and her four sisters filed a partition suit before the Joint District Judge, First Court, Bogra, against their four brothers. On an application under Order XXXIX rule 1 read with section 151 of the Code of Civil Procedure, the trial court on 22.08.2013 directed the parties to maintain status quo, finding that defendant No. 3, who was constructing a building on the joint (ejmali) property, had not prima facie shown any earlier partition. On his miscellaneous appeal, the District Judge, Bogra, stayed that order at the admission stage on 01.09.2013. The petitioner obtained a Rule in revision, and on 06.10.2013 the High Court Division stayed the District Judge's order. No one appeared at the hearing. The Court noted that the District Judge had stayed the status quo order without assigning any reason and that the appeal concerned only an interim order. It disposed of the Rule, directing the trial court to dispose of the partition suit expeditiously while maintaining the status quo.
- Whether the appellate court's stay, granted without reasons, of a trial court order directing status quo over the suit land in a partition suit should be interfered with.
- The District Judge stayed the trial court's order of status quo without assigning any reason.
- If the miscellaneous appeal against the interim status quo order remained undisposed of, it had lost its efficacy, since it related only to an interim order in a partition suit between siblings.
- Given that the status quo order had in effect operated for more than 12 years, justice would be met by directing the trial court to dispose of the partition suit expeditiously while maintaining status quo.
- The Rule was disposed of with a direction to dispose of the suit, if not already disposed of, maintaining status quo as to possession and position of the suit land.
The trial court is directed to dispose of the partition suit No. 213 of 2013 expeditiously if meanwhile it has not been disposed of maintaining the order of status-quo in relation to possession and position of the suit land.
