High Court Division · Civil Appellate Jurisdiction
Md. Hanif Ali v Md. Sirajul Islam and others
First Misc Appeal 130/2026 · Appeal dismissed; Rule discharged · Decided 14 September 2026
The plaintiff sued in Title Suit No. 431 of 2025 for a declaration of title to 92 decimals and a declaration that the quantity of land in a registered kabala deed dated 14.09.2022, executed by him and his two brothers, had been fraudulently enhanced to 1.44 acres. He applied under Order 39 Rule 1 of the Code of Civil Procedure for a temporary injunction to stop the defendant, who was in possession and building on the land, from transferring or changing its nature. The Joint District Judge, 4th Court, Dhaka rejected the application on 18.02.2026, and he appealed. The High Court Division noted that he admitted owning only a share of the 1.44 acres with his brothers, who were not plaintiffs, and transferring 52 decimals to defendant No. 1, who was in possession. He had not sued for rectification of the deed. As he showed no prima facie good, arguable and winnable case, the appeal was dismissed, the connected Rule discharged and the status quo order vacated.
- Whether the trial court was right to refuse a temporary injunction restraining the defendant from transferring or changing the nature and character of the suit land.
- A plaintiff who admittedly owned a share of 1.44 acres jointly with his brothers and had transferred 52 decimals could not readily claim title to 92 decimals, and the maintainability of the suit at his sole instance was doubtful where the brothers were not plaintiffs.
- Where the plaintiff alleged that the quantity of land in the registered deed had been fraudulently altered, he had filed a suit for declaration of title instead of a suit for rectification of instrument.
- An injunction to stop construction work is passed only in exceptionally deserving cases where the applicant proves a good, arguable and winnable case.
- The plaintiff failed to show a prima facie good, arguable and winnable case and was admittedly out of possession, so the refusal of the temporary injunction called for no interference.
The price of construction materials is increases every year and an order of injunction to stop construction work is passed only in exceptionally deserving cases were the petitioner succeeds to prove his good arguable and winnable case.
