30.04.2025: 18 years of fight at the Supreme Court comes to a dramatic conclusion.
On 12.02.2009, our Managing Partner Junayed Chowdhury (Senior Advocate) successfully represented landowners before the High Court Division in a Civil Revision application dealing with disputed claims of ownership where the issues involved the interpretation of sections 48 and 78 of the Transfer of Property Act 1882. That judgment was reported as Zahid Hossain v. Syed Fazlul Kader 31 BLD (HCD) 346. Subsequently, the aggrieved party filed an appeal to the Appellate Division where the High Court judgment was reversed on 26.01.2021. Thereafter, our client, the landowners, filed review petition to the Appellate Division on 20.10.2022, which was taken for its hearing on 24.04.2025. Despite our Managing Partner Junayed Chowdhury’s vigorous submissions, a 6-member Bench of the Appellate Division dismissed the review application during the morning session of the Court’s business on that day. Remarkably, the Bench Officer of the Appellate Division later during the afternoon session informed us that the Appellate Division had recalled its dismissal order that was passed earlier. The matter was again listed for orders on 28.04.2025 and the Appellate Division, upon recording its recall of the previous dismissal order, was pleased to give leave to review its original judgment in appeal dated 26.01.2021.
This is an extremely rare occasion where the Appellate Division on its own motion in effect reviewed and recalled its own dismissal order of a review application.
This has been a long and arduous journey for our client and our Managing Partner, Junayed Chowdhury and it is fitting to see their efforts being vindicated in a positive light after 18 years of legal battle.
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