RAJAN NAGPAL Vs. ABDUL GAFAR BHAT

JUDGEMENT

(1.) THIS is an application seeking transfer of Civil Suit titled Abdul Gaffar Bhat v. Rajan Nagpal and othersregistered on file No.136 from the Court of Civil Judge (Junior Division) cum Munsiff, Pulwama to any other Court of competent jurisdiction.

(2.) PLAINTIFF -respondent Abdul Gaffar Bhat has sought relief by filing Civil Suit No.136 on 23.01.2012 for declaration and permanent injunction claiming that by virtue of adverse possession he has become owner in possession of the landed property situated at Jagir Parigam, Pulwama measuring 35 kanals. The defendant-petitioners have claimed that the property belongs to them and no plea of adverse possession can be set up against them. However, they have sought transfer of the suit on various grounds namely that they are settled at Jammu and they are residents of 69-A/D Gandhi Nagar, Jammu; they are not in a position to attend and pursuethe suit at Pulwamawheretheir property is situated. Another ground projected for transfer is that son of the plaintiff-respondent namely Sh. Ghulam Nabi Bhat is a practicing Advocate at Pulwama for the last more than 25 years. He wields significant influence in the bar at Pulwama. The petitioners-defendants have also alleged that at the time of getting revenue record mutated in their favour in the month of December, 2011 they had gone to Tehsildar and the aforesaid Advocate Ghulam Nabi Bhat-son of the respondent had threatened them of facing dire consequences, in case they prosecute their case for protection of their proprietary land. The threats were given in front of the Patwari and the Tehsildar concerned. Accordingly, petitioners have never been able to appear before the Civil Court at Pulwama. A representation to that effect was also made to the Senior Superintendent of Police, Pulwama on 25.02.2012 (Annexure-B).

(3.) I have heard learned counsel for the parties at considerable length and am of the view that there are broad indications available on record, which may show that the ends of justice would be better served, if the suit is transferred to a Court of competent jurisdiction of some other District. 4. It is not unknown that when a party to the litigation is an Advocate or is closely relatedto an Advocate then suchAdvocate would wield insurmountable influence. Sometime it becomes even difficult to engage a counsel by the other side. There is a reasonable apprehension which can be allayed by transferring the Suit to some other District. Therefore, the ends of justice would be served by transferring the Civil Suit titled Abdul Gaffar Bhat v. Rajan Nagpal and another (File No.136) from the Court of Civil Judge (Junior Division)- cum-Munsiff,Pulwama to a competent Court of jurisdiction at Srinagar.