MIR GHULAM MUSTAFFA Vs. PEER MEHRAJ-UD-DIN

JUDGEMENT

(1.) THIS is an application for transfer of an execution application from the Court of the learned District Judge, Badgam, to some other court of competent jurisdiction, interalia, on the ground that the presiding Officer of the said Court started hearing arguments in the case without summoning of some record, and the petitioner on meeting the said officer at his residence got the impression that the case cannot be decided by him impartially.

(2.) THE learned District Judge has emphatically refuted the allegation of the petitioner that any sort of influence was exercised over him by the opposite party, or that he had refused to summon the record. He has, however, submitted that it was the petitioner himself who had come to see him at his residence to discuss the merits of the case, which he refused to do. I have beared the learned counsel for the parties.

(3.) IT may be mentioned at the very outset that the execution application in question was filed in this court as the main case was decided by a Division Bench of this court, of which I was a member. The S L.P. filed against that decision was dismissed by the Supreme Court. The execution application was transferred to the District Judge, Badgam, for disposal as the property in question fell in his Jurisdiction.