LAWS(J&K)-2019-10-1

MOHINI DEVI Vs. KANIYA LAL PANDIT

Decided On October 01, 2019
MOHINI DEVI Appellant
V/S
Kaniya Lal Pandit Respondents

JUDGEMENT

(1.) Petitioners/applicants have filed the Civil Transfer Application for transferring the suit for declaration, joint possession, partition and permanent injunction titled 'Kaniya Lal Pandith v. Rattan Lal Pandith and others' pending in the Court of Munsiff, Baramulla to any other Court of competent jurisdiction at Jammu.

(2.) The above titled suit is filed by respondent No.1 was considered by Munsiff, Baramulla, who vide his order dated 26.11.2013 restrained the non-applicants/petitioners herein from creating any third party interest, till the next date of hearing.

(3.) It is submitted that petitioners are migrants and are duly registered as such before the Relief Organization. They have left their homes and migrated to Jammu due to prevailing circumstances in the Valley and since then are residing there. Respondent No.1, is their brother and a resident of Delhi, has filed the civil suit against them in Baramulla, just to cause harassment and inconvenience to them. It is further submitted that they are in acute financial crisis and it is difficult for them to contest the suit in Baramulla because of the expenses involved and also due to the prevailing conditions in the Valley as they fear threat to their life and liberty.