ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Civil Transfer Appln. No.S-09   of  2015.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

12.1.2016.

1. For orders on office objection.

2. For orders on M. A. No.431/2015.

3. For Katcha Peshi.

Mr. Muhammad Afzal Jagirani, advocate for the applicant.

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ABDUL MALIK GADDI, J.-         Through this civil transfer application under Section 24, CPC, the applicant has assailed the legality and propriety of the order dated 13.10.2015 passed by the learned District & Sessions Judge, Dadu, in Civil Transfer Applications No.12 to 22 of 2015, whereby the learned District & Sessions Judge, after hearing the parties, disposed of the said transfer applications seeking transfer of the Rent Applications from the Court of Senior Civil Judge/Rent Controller, K. N. Shah to any other Court in the district.  The relevant observations recorded by the learned District & Sessions Judge, Dadu in the order dated 13.10.2015 read as under :-

“Since the applicant and his counsel have shown their satisfaction if the learned trial court proceed the case strictly in accordance with the provisions of Sindh Rented Premises Ordinance and welfare and well being of the mosque be considered coupled with financial status of the opponents.  Therefore it is expected the learned trial court would proceed with the case strictly within the provisions of Sindh Rented Premises Ordinance.”

          2.       In the grounds, it is stated by the learned Counsel for the applicant that the behaviour of the learned Presiding Officer of the trial Court is too harsh towards the applicant and the learned Judge is always pressurizing and threatening the applicant to withdraw the rent applications filed by him, otherwise the same will be rejected, therefore, the applicant has no faith upon the learned Presiding Officer of the said Court, as such, the rent applications may be withdrawn from the file of learned Senior Civil Judge/Rent Controller, K. N. Shah and transferred to some other Court in the district. 

          3.       It may be mentioned here that the applicant had taken almost the same pleas before the learned District & Sessions Judge, but the learned District & Sessions Judge did not agree to it and passed the impugned order. 

          4.       I have given careful consideration to the contentions as raised by the learned Counsel for the applicant.  In the grounds of the transfer application, the applicant has failed to mention the date and time when the Presiding Officer issued threats either to him or his Counsel to withdraw the cases/rent applications against the respondents.  As far as the ground that the attitude of learned Judge is too harsh towards the applicant and use of abuse language, is not supported by any affidavit of advocate for the applicant, who was appearing before the trial court. 

          5.       After applying my mind to the facts and circumstances of the case, I find that the allegations made in this application are vague and general in nature and the allegations as leveled by the applicant are also not supported by any document, even the affidavit of the advocate for the applicant appearing before the trial Court.

          6.       I have gone through the order passed by the learned District & Sessions Judge, which shows that the transfer applications filed by the applicant were disposed by the learned District & Sessions Judge with the consent of applicant and his Counsel, therefore, consent order could not be challenged before this Court. 

          7.       In view of the above circumstances, in my opinion, this transfer application is devoid of any merit, which is accordingly dismissed in limine alongwith listed application.

          8.       The present transfer application was dismissed by me in earlier part of the day by short order passed in Court and these are the reasons in support thereof.

                                                                                          JUDGE   

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