ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Civil Family Transfer Appln. No. S- 17 of 2023.

Date of hearing

Order with signature of Judge

26.01.2024.

1.         For orders on office objections.

2.         For hearing of main case.

            Mr. Waheed Ali Shar, Advocate for applicant.

            Mr. Muhammad Tariq Tagar, Advocate for respondent No.1.

            [He filed vakalatnama today, which has been taken on the record].

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Muhammad Saleem Jessar, J:          Through the instant application, applicant Abdul Aziz Tagar is seeking transfer of Family Suit No.756/2023 re; Mst. Noor-e-Saba v. Abdul Aziz from the file of learned Family Judge, Larkana, to the Court of learned 3^rd Civil/ Family Judge, Larkana, and or transfer Execution Application No.03/2023 in Family Suit No.177/ 2022; re; Abdul Aziz v. Mst. Noor-e-Saba from the file of learned Civil / Family Judge-III, Larkana, and transfer it to the Court of learned Family Judge, Larkana.

            2.         Learned counsel for applicant submitted that, the applicant Abdul Aziz filed Family Suit No.177/2022 against respondent Mst. Noor-e-Saba for restitution of conjugal rights, which was decreed and now its execution application is pending adjudication in the Court of learned Civil/ Family-III, Larkana. He further submitted that, ultimately respondent Mst. Noor-e-Saba filed Family Suit No.756/2023 against applicant Abdul Aziz for dissolution of marriage, which is pending in the Court of learned Family Judge, Larkana. Learned counsel mainly contended that, since parties in both suits are same and dispute is in between husband and wife on the same cause of action, therefore, it would be appropriate and in the fitness of things that both the cases may be proceeded by the same Court, which will be in the larger interest of justice. 

            3.         Conversely, learned Advocate for respondent opposed transfer   application by contending that, since the main suit i.e. Family Suit No.177 of 2022 filed by applicant Abdul Aziz has already been disposed of and now only execution proceedings are pending, therefore, no question of conflicting view does arise at-all. Therefore, he prays for dismissal of the transfer application.

            4.         Here, there is no question of conflicting view, but the only issue which requires consideration is suitability and fitness of things, which demands that both the cases be proceeded with by the same Court. Accordingly, in the interest of justice and fitness of things, the application in hands stands allowed. Consequently, the Family Suit No.177 of  2022; re; Abdul Aziz v. Mst. Noor-e-Saba (along with Execution Application No.03/2023) is withdrawn from the file of learned Civil/Family Judge-III, Larkana, and transferred to the Court of learned Family Judge, Larkana, for disposal in accordance with law.

                                                       Judge

Ansari