IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Civil Family Transfer Appln. 01 of 2022 :       Naseer Ahmed Junejo vs.

Mst. Kainat Parveen

For the Applicant                             :           Mr. Shakeel Ahmed G. Ansari

                                                                        Advocate

Date of hearing                                :           21.02.2022

Date of announcement                  :           21.02.2022

ORDER

Agha Faisal, J.         (1) Granted. (2&3) These proceedings challenge the order dated 27.01.2022, passed by the learned District Judge, Shikarpur in Civil Transfer Application No.01 of 2022. The transfer application of the applicant was dismissed and the operative findings are reproduced herein below:

"In this transfer application it is prayed by the applicant that Family Execution Application No.1/2021 reg. Mst. Kainat versus Naseer Ahmed may be transferred from the court of learned III-CJ and Family Judge, Shikarpur to any other court of law as applicant has incurred apprehension that he may not seek fair decision at the hands of sitting Judge.

Comments were called from learned 3rd CJ&JM Shikarpur who has denied the allegation. He stated that Family Execution application is pending since 13.3.2021 but applicant is avoiding to file objections. He is adopting delaying tactics. However, he raised no objection if matter is transferred from his file.

Admittedly judgment is passed on 3.2.2020 and appeal against it has been dismissed. Execution application is instituted on 13.3.2021 but till to date the applicant has not filed objection on it. He appears to be adopting delaying tactics by filing these types of applications. No cogent reason is raised for transfer of the case. It is settled law that matters cannot be transferred on the wish and will of any party. Reliance is placed upon the case law reported as 2013 CLC Sindh 1332, wherein it is held as under:-

S.24- transfer of civil suit-pre requisite: Parties could not be allowed to seek transfer of case from one court to other without sufficient cause or in the absence of any valid ground (s) as doing otherwise would tend to frustrate and cause delay in lawful proceedings pending before the competent court of jurisdiction and should also cause inconvenience to other party without any fault at its part. "

2. Learned counsel has impugned the findings and submits that the applicant has no faith in the learned trial court, hence, this application may be allowed.

3. Heard and perused. The findings of the learned District Judge have not been controverted by the learned counsel, hence, as such no case is made out meriting any interference therein.

4. The allegations contained in the present application comprise of unsubstantiated statements and the same cannot be made the basis to entertain or sustain the allegation of bias against a learned Judge. The concept impartiality or bias of a judge has been discussed exhaustively by the honorable Supreme Court in its judgment in the case of Government of NWFP & Another vs. Dr. Hussain Ahmed Haroon & Others, reported as 2003 SCMR 104, and the present matter does not merit favorable consideration upon the anvil of the said judgment.

5. In view of the foregoing, instant civil family transfer application is dismissed in limine.

JUDGE