IN THE HIGH COURT OF SINDH

CIRCUIT COURT AT LARKANA

Civil Transfer Application S-11 of 2018

Gul Lal Khatoon and Another

vs.

Gulsher and Others

For the Applicants:                None present.

For the Respondent              Mr. Muhammad Afzal Jagirani

Nos.1 and 2:                          Advocate.

For the State:                         Mr. Ali Raza Pathan

State Counsel.

Date of Hearing:                    12-10-2018

Date of Announcement:       12-10-2018

ORDER

Agha Faisal, J.     None present for the applicants and same was the case on the last date of hearing. Even though this matter is a fit case for dismissal on the grounds of non-prosecution, it is considered prudent to review the record and pass appropriate orders with the assistance of the learned counsel for the respondents.

2. Briefly stated, the applicants seek transfer of F.C. Suit No. 138 of 2017, pending before the Court of learned Senior Civil Judge Kandhkot, to the court of learned Senior Civil Judge Shikarpur. The primary ground invoked is that the applicants apprehend threat to their security and hence cannot appear before the learned trial court seized of the lis.

3. Mr. Muhammad Afzal Jagirani, learned counsel for the respondents, stated that the subject suit pertains to immovable property within the jurisdiction of the learned trial court seized of the matter. It was further submitted that the defendants therein (being the present respondents) are resident of the same area and such is manifest from the plaint filed by the present applicants before the learned trial court. Learned counsel further stated that the orders have been passed by this Court in C.P S-918 of 2017 on 03.10.2018, wherein learned trial court has been directed to conclude the matter preferably within a period of two months. Learned counsel argued that in view of the foregoing, the present transfer application does not merit favorable consideration, hence may be dismissed forthwith.

4. This Court has reviewed the record and has had benefit of assistance of the learned counsel for the respondents. It is apparent that there is no corroboration to support the applicants’ assertion pertaining to insecurity. There is also nothing on record to suggest that the applicants had ever approached the concerned law enforcement authorities for provision of protection, therefore, the transfer of a case from one court to another court is not merited on the basis of mere allegations, devoid of any corroboration.

5. It is well settled law that the transfer of a matter from one Court to another could only be granted in exceptional circumstances, where it was shown that the same would be in the interests of justice. Reliance is placed upon the judgment in the case of All Pakistan Newspapers Society & Others vs. Federation of Pakistan & Others reported as PLD 2012 Supreme Court 1. The same is prima facie not the case in the present matter as no exceptional circumstances are borne out of the pleadings.

6. In view of the foregoing, it is considered view of the Court that the present Civil Transfer Application is devoid of merits and hence the same is hereby dismissed.

7. In so far as issue of safety is concerned, it is apparent from the record that no rationale for such an apprehension has been pleaded or documented. However, the applicants are entitled to due protection of law, as the same is their fundamental right, and they may approach the relevant law enforcement authorities to extend and afford them protection as and when required.

8. Office is directed to communicate a copy of this order to the learned Trial Court for necessary reference and record.

Judge

Abdul Salam/P.A