IN THE HIGH COURT OF SINDH
CIRCUIT COURT LARKANA
Civil Transfer Application S- 06 of 2017
Dr. Muhammad Saleh
Versus
Jameel Ahmed and Others
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Civil Transfer Application S- 07 of 2017
Dr. Muhammad Saleh
Versus
Jameel Ahmed and Others
For the Applicant: Mr. Habibullah G. Ghouri, Advocate.
For the Respondent No.1: Mr. Abdul Karim Surahio, Advocate
For the State: Mr. Abdul Rasheed Soomro,State Counsel
Date of Hearing: 25.09.2018
Date of Announcement: 25.09.2018
JUDGMENT
Agha Faisal, J. Through this common judgment, this Court shall determine the two subject civil transfer applications, as the issues and parties are common thereto.
2. Civil Transfer Application No. 06 of 2017 has been filed seeking the transfer of FC Suit No. 28 of 2016 from the Court of learned IV Senior Civil Judge, Larkana to any Senior Civil Judge at district South Karachi. Civil Transfer Application No. 07 of 2017 has been filed seeking the transfer of FC Suit No.61 of 2013 (Old FC Suit No.03 of 2012) from the Court of learned IV Senior Civil Judge, Larkana to any Senior Civil Judge at district South Karachi.
3. Mr. Habibullah G. Ghouri, learned counsel for the applicant has stated that the applicant and a respondent in the transfer applications are residents of Karachi and therefore, it may be just and proper for the proceedings to be transferred in the manner sought. Per learned counsel, the applicant is 69 years of age and therefore, frequent travel to Larkana from Karachi is not preferable. It was lastly contended that the applicant faces threats in Larkana and therefore, it may be just and proper that the suits are transferred as prayed so as to afford protection to the applicant. Learned counsel relied upon the same grounds in respect of each of the afore-listed civil transfer applications and prayed for the grant of the same.
4. Mr. Abdul Karim Surahio, learned counsel for the respondent No.1 in each of the civil transfer applications, vehemently opposed the transfer sought. It was submitted that the applicant and the said respondent are permanent residents of Larkana and therefore grounds taken with respect to residence in Karachi is frivolous. It was next contended that the suits, sought to be transferred to Karachi, are in respect of immoveable property which is situated within Larkana and hence the interests of justice shall not be served by transfer of the suits. It was further submitted that the remaining respondents in the transfer applications were also permanent residents of Larkana and hence immense hardship would be caused thereto if the said suits are transferred. Learned counsel placed a copy of the order dated 11.3.2013 in F.C Suit No.61/2013 (Old FC Suit No.03 of 2012) and demonstrated that the said matter stood dismissed as withdrawn and hence the Civil Transfer Application No. 07 of 2017 was in any event infructuous. In view of the foregoing, learned counsel sought dismissal of the civil transfer applications under consideration.
5. Mr. Abdul Rasheed Soomro, State Counsel, adopted the arguments advanced by the learned counsel for respondent and submitted that the present transfer applications are devoid of merit and hence may be dismissed forthwith.
6. The Court has heard the arguments of respective learned counsel and has also perused the record. It is well settled law that the transfer of a matter from one Court to another could only be granted in exceptional circumstances, wherein it was manifest that the same would be in the interests of justice.
7. In the present facts and circumstances the immovable property, subject matter of the suits, is located within the territorial remit of the learned Trial Court seized of the matter and all the respondents are residing at Larkana. The contentions advanced by the learned Counsel during the arguments and those contained in the affidavit filed alongwith the present applications, are devoid of any justification to merit the transfer sought.
8. In view of the foregoing it is considered opinion of this Court that the subject transfer applications are devoid of merit and hence the same are hereby dismissed.
9. In so far as issue of safety of the applicant is concerned, it is apparent from the record that no rationale for such an apprehension has been placed on record. However, the applicant is entitled to due protection of law, as the same is his fundamental right, and he may approach the relevant law enforcement authorities to seek protection as and when required.
10. The office is directed to convey a copy of this order to the learned Trial Court for reference and record.
Judge
Abid H. Qazi/**