Mokam: Learned Fifth Joint District
Judge Court, Dhaka
Civil case no- 141/2012
Amend order no- 2 (3)
Date-
1. Alamgir
Karim
2. Jahangir
Karim
3. Azamgir
Karim
4. Suraia
Karim
5. Sultana
Karim
6. Khaleda
Karim
7. Hasina
Karim
All
of Father- Late Sirajul Karim
8. Amiza
Karim
Husband-
Late Sirajul Karim
All
of Village- Chandanbari, Police Station- Boda, District- Panchagar.
All of Village- House no- 27/26,
Sher Shah Shuri Road, Police
Station- Mohammadpur, District- Dhaka- 1207.
.............................. The
plaintiff party
Versus
Amend
order no-
Date-
1
(A) Sufia Rahman (Khuku) (Full sister)
Husband-
Late Md. Khalesur Rahman
Village-
House no D 40/5, Sonali Shahjadpur Gulshan, Dhaka.
1 (B) Tahmina Islam Mila (Full
sister)
Husband-
Dr Ashraful Islam
Wife
of Dr Ashraful Islam
Village-
11 Astor Drive Moseley, Birmingham, B 139 QR, United Kingdom
1
(C) Masud Reza Mohammad Amanul Bari (Full brother)
Father-
Late M A B M Ainul Bari (Fulu)
1
(D) Asiful Bari Rani (Son of full brother)
Father-
Late M A B M Ainul Bari (Fulu)
Both
of Village: house no- 6, road no- 12 (new) old- 31, 3rd floor,
Dhanmondi, Dhaka.
1
(E) Ahsanul Bari Shohag (Another full brother)
Father-
Late A F M Anowarul Bari
Village-
E/ 6, Esal Dream House no- 22/A, Road no- 3/A, Sector no- 5, Uttara, Dhaka-
1230.
To be
seen on the opposite page
Page No- 2
2. Jafrul Karim
3. Niaz Karim
4. Nargis Karim
5. Bilkis Karim
All of Father- Late
Shafiul Karim
All of Village- 98,
Gulshan Avenue,
Dhaka- 1212
6. Khandakar Tansim
Uddin Ahmed
Father- Late Khandakar
Tahrim Uddin Ahmed
7. Saheda Khatun
Husband- Late Ahiya
All of Village- 98,
Gulshan Avenue,
Police Station- Gulshan
, Ditrict- Dhaka.
8. Farida Khandakar
Husband- A. K Khandakar
House no- 35, Hair
Raod, Dhaka.
9. Fauzia Mirza
Husband-
Late Mirza Fazlul Karim
10.
Delowara Mirza
Husband-
Late Bablu Mirza
11.
Daraus Mirza
12.
Fara Mirza
All
of Father- Late Bablu Mirza
All
of Village: House no- 7, Road no- 2,
Section-
11, Avenue- 2, Police Station- Pallabi,
District-
Dhaka.
To
be seen on the opposite page
Page No- 3
13.
Md. Amir Ali
14.
Nasim Ali
15.
Gulshan Ara Banu
16.
Rawshan Ara
Begum
17.
Nargis Begum
18.
Dil Ara Banu
All
of Father- Late Dr Abu Md. Osman Gani
19.
Akhtaruzzaman
20.
Arifuzzaman
21.
Shamim Momtaz
All
of Father- Late Ahsan Uddin Ahmed
Al
of Village- 69/1- I. Azimpur Colony, Dhaka- 1205.
............................
The defendants
The case of the co- share property partition.
The case taidad price 2,84,60,000/- (Two Crore
Eighty Four Lakhs Sixty Thousands) taka only.
Plaintiff party taidad price 71,20,000/- (Seventy
One Lakh Twenty Thousands) taka only.
To be seen on the opposite page
Page No- 4
1.
The bellow
schedule mentioned property in Dhaka district under Dhanmondi police station in
house no- 2, road no- 12, Dhanmondi residential area, total property 2846
decimals or 17 ¼ katha or 28 23/50 decimals property and situated in there
houses including are marked in the ‘A’ schedule.
2.
The case ‘A’
schedule mentioned holding which is full number 697, road no- 31, total
measurement 33 decimals or 1 bigha which was in ownership in C and B at present
in Public Works Ministry.
3.
The case ‘A’
schedule mentioned holding in 33 decimals property last dated 13/02/1958 AD in
situated there C and B at present from the Public Works Ministry as registered
permanent possession deed no- 1482 in the principle Oahedul Karim as taking the
possession . meaning 1 brick mortar building constructing including in east
side constructing 5 stores collecting rents from those stores were living there
with the self family.
4.
Mentioned
Oahedul Karim firstly: married to Salma Khatun. As there has no children in her
pregnency secondly he had married the defendant Umme Karim. As there has no
children in her pregnent. Principally: Oahedul Karim was no children at all.
To
be seen on the opposite page
Page No- 5
5.
Oahedul Karim
inthe case in scheule ‘A’ mentioned home as was in the possession in knowing of
all as was in possession in needed cash taka from north- east corner 0454
decimals or 2 ¾ katha property taking approval to Mr Anisuzzaman selling by the
Saf Kabla deed making its possession understood 17 ¼ katha or 28 23/50 decimals
or 2846 decimals property having been in mind of its possession first wife
Salma Khatun, second wife Umme Karim (No 3 defendant), two brothers Md. Sirajul
Karim (Father and husband of the defendants) and Shafiul Karim (father of the
defendant no 2 to 5) and two sisters
Tousifa Khatun (mother of the defendant no 8 to 9 and grandmother of the defendant
no- 10 to 12) and Takbira Khatun (mother
of the defendant from 13 to 18 and grandmother 19 to 21 of defendants) has left
as successors at the time of his death.
6.
In the mentioned
type system first wife Salma Khatun ................ (two) ana share 0356
decimals and second wife no 3 defendant Umme Karim ...................... (two)
ana share of 0356 decimlas, for each brothers. (Four) ana share more or less
0712 decimlas and each sisters ................ (two) ana share more or less
0356 decimals as per measurement becoming in mind of the ownership.
7.
Late Oahedul
Karim in his place brother the plaintiff party ancesstor Sirajul Karim in the
case 712 decimals (more less) property has become owner which is ‘B’
To be seen on the opposite page
Page No- 6
As the schedule is
marked and the defendant party as becoming the owner of the 2134 decimals
property as was in possession Shafiul Karim teh defendants no 2 to 5 keeping
them left as successors has got dead. First wife Slima Khatun of Oahedul Karim
as was in children less brother and sister 6 and 7 no defendants as keeping
them left as successors has got dead. The sister Tousifa Khatun 8 and 9 no
defendants and teh father of the defendants no 10 to 12 as keeping them left as
successors has got dead. Other sister Takbira Khatun the defendants no 13- 18
and the mother Jahanara Begum of the as
keeping them left as successors has got dead.
8.
The case ‘A’
schedule mentioned property making it centered claiming to declare the
possession the civil case no- 191/1991 has been made. In the mentioned case the
learned court in its given decree gave observation regarding that, Late Oahedul
Karim as successor has made the partition case. Making that in the declaration
application the case has been made. The defendants of the case cannot get
remedy regarding that expressing the opinion the case considering both sides
has made dismissed.
9.
The case ‘A’
schedule mentioned property if the co share property. No partition has been
made at all. The plaintiff party last dated 25/04/2012 AD in the morning
To
be seen on the opposite page
Page No- 7
10.00 AM no 1 defendant
in the case ‘A’ schedule mentioned property and situated there buildings as
making divided among all of the successors as requested no 1 defendant as
denying to make divide in agreement the plaintiff party for the purpose to get
decree for the divide from the learned court the case to make has become
obliged.
10. the reason of the case
always existed and finally dated 25/04/2012 AD to make them divide as denied as
under the willing of the court under the Dhanmondi police station former house
no- 679, road no- 31, at present house no- 02, road no- 12, Dhanmodni
residential area, Dhaka therefore has been raised. It is a divide case so the
fixed court fee is submitted.
11. Therefore, the
sincere request of the plaintiff party is that:
(A) The plaintiff party
in the case ‘A’ schedule mentioned property in four ana share of 723 decimals
property in reference of brother regarding owner in favor of the plaintiff
party against the defendant party the decree is given;
(B) The primary decree
of the partition case and as per the core of the decree a survey knowing
To be seen on the opposite page
Page No- 8
Advocate commissioner
is appointed: the case ‘A’ schedule mentioned property as dividing that an appropriate
and proud share as specifying: the primary decree as making that as the final
decree the order is given;
(C) The decree of the
case and as per the core message of the decree for the specific period if the
defendants express unable to divide removing all of the obstructions: the
decree given property making that understood to the plain tiff the order is
given;
(D) Overall expenditures of the case to the
plaintiff party is given order to pay to the defendant party.
(E) As per the traditional law the plaintiff party
of all those remedy receiving is rightful the order of its is given;
Schedule ‘A’
District- Dhaka, Police
Station- Dhanmondi, Mouza- ‘Dhanmondi’, House no- old 697 new- 02, road no- old
31 new 12, Dhanmondi residential area,
To be seen on the opposite page
Page No- 9
Measurement of the
land- 2834 decimals and situated there one storied building and 5 stores. Which
is surrounding: In north- sold land, in south- 31 no road, in east- Mirpur road
and in west- Kazi Aniwarul Haque.
Schedule ‘B’
District- Dhaka, Police
Station- Dhanmondi, House no- 02, Road no- 12, Dhanmondi residential area,
measurement of the land 2846 decimals in kate. (Four) ana share of 0712
decimals.
Price
The price of every
decimals 10,000/- (ten thousands) taka in that rate total property price
2,84,60,000/- (two crore eighty four lakhs sixty thousands) taka. The plaintiff
party share price 71,20,000/- (seventy one lakh twenty thousands) taka only.
Acknowledgment Statement
The description of the application as per my
knowledge and belief i true and knowing it right sitting in the chamber of my
appointed learned lawyer the signature is given in the acknowledgement
statement.
....................................................................................
Signature of the acknowledgement statement provider
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