ORDER SHEET

THE HIGH COURT OF SINDH CIRCUIT COURT AT LARKANA

Civil Transfer Application No.S-12 of 2018

Date	Order with signature of Judge

1. For orders on office objection "A".

2. For orders on CMA No.299/2018 (E/A)

3. For hearing of main case.

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12.11.2018

M/s. Saeed Ahmed Bijarani and Ashiq Illahi Sundrani, Advocate(s) for the applicant.

Mr. Khadim Hussain Khoso, Advocate for respondent No.3.

Mr. Abid Hussain Qadri, State Counsel.

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                        The applicant by way of instant application u/s.24 CPC has sought for transfer of his suit (F.C. Suit No.146 of 2018) pending before the Court of learned Senior Civil Judge, Kandhkot, to any other Court, which has been declined by learned District Judge Kashmore @ Kandhkot vide his order dated 11.09.2018, with the following observation;

“No good ground for transfer of the civil suit from the Court of learned Senior Civil Judge Kandhkot to other Court is highlighted at bar. The conduct of learned Presiding officer of the learned trial Court has also not been impugned in any manner and mere convenience of the applicant is hardly a ground for transfer of the civil suit, hence, I find no substance in the present transfer application which is accordingly dismissed”.

                        It is contended by learned counsel for the applicant that the applicant is apprehending danger to his life at the hands of private respondents while attending the Court of learned Senior Civil Judge, Kandhkot. By contending so, he sought for transfer of suit of the applicant to the Court of learned Senior Civil Judge, Kashmore.

                        Learned counsel for the private respondents has sought for dismissal of the instant application of the applicant by contending that there is no apprehension of danger with the applicant at the hands of private respondents and intention with the applicant is only to linger on disposal of his suit for one or other reason.

                        Learned State Counsel was fair enough to say that no public interest is involved in the instant litigation.  

                        I have considered the above arguments and perused the record.

                        The apprehension with the applicant may or may not be genuine but the fact which remains undisputed is that the suit is not proceeding further for one or other reason. In order to achieve the progress and to give an end to alleged apprehension with the applicant, his suit is transferred to the learned Senior Civil Judge, Kashmore, for its disposal in accordance with law, with direction to expedite its disposal, preferably with two months after receipt of this order.

                        Instant Criminal Transfer Application is disposed of in the above terms.

J udge

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