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Petitioner: HAROON VS Respondent: ABDUL AZIZHonorable Justice Ajmal MianAbdul Latif A. Shakoor,Muhammad Siddique Nizami
1988 M L D 1296
1988 M L D 1296
[Karachi]
Before Ajmal Mian, J
HAROON and 14 others‑‑Petitioners
versus
ABDUL AZIZ and 4 others‑‑Respondents
Revision Application No.269 of 1987, decided on 17th December, 1987.
Civil Procedure Code (V of 1908)‑‑--
‑‑‑S. 24‑‑Transfer application‑‑Transfer of appeal sought by petitioner from Col: T of Additional District Judge who allegedly passed certain orders in manner which created apprehension in mind of petitioner that he would not get justice ‑ Petitioner, m support of his contention pointed out that Additional District Judge after having granted an interim order vacated same on plea that no application for extension of said order was made whereas application was with counsel of petitioner who being busy in some other Court requested the Court to keep matter aside‑‑Transfer of appeal allowed without dilating upon contentions raised by petitioner in circumstances.
Abdul Latif A. Shakoor for Petitioners.
Muhammad Siddique Nizami for Respondents.
Date of hearing: 17th December, 1987.
JUDGMENT
This revision is directed against an order dated 2nd September, 1987 passed by the learned District Judge, Karachi South, declining the applicants' application for the transfer of Civil Appeals Nos. 21 of 1987 to 35 of 1987. The, above transfer application was filed inter alia on the ground that the learned Ist Additional District Judge where the above appeals are pending had passed certain orders in the manner which created apprehension in the mind of the applicants that they would not get justice.
2. In support of the above allegation, it was pointed out that the learned Ist Additional District Judge after having granted an ad interim order vacated the same on the plea that no application for extension of the said order was made, whereas according to the learned counsel for the applicants the application was with him for filing of the same but he was busy in some other Court and his Clerk requested the learned Judge to keep the mutter aside. The averment is denied by Mr. Siddique Nizami, learned counsel for the respondents Nos. 1 and 2. There are certain other allegations.
However, I would not like to dilate upon the same. It will suffice to observe that it would be appropriate to transfer the above appeals from the file of the Ist Additional District Judge to the file of IIIrd Additional District Judge South. Order accordingly. The parties shall appear without any notice from the learned IIIrd Additional District Judge on 9‑1‑1988. The revision stands disposed of in the above terms but there will be no order as to costs.
M.Y.H./H‑87/K Petition allowed.