Sr. No. 5 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: LPA No. 113/2023 Deepak Kaul …Petitioner(s)/Appellant(s) Through: Mr. C. M. Koul, Sr. Advocate with Mr. A. R. Bhat, Advocate v/s Malik Muddasir Shafi and others …. Respondent(s) Through: Ms. Monika Kohli, Sr. AAG CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER 28.05.2025 1. The appellant had filed an application for transfer of a Civil Suit, titled, “Malik Mudassir Shafi and Anr. vs. Sunil Kumar Trakroo and others” from the court of learned Special Mobile Magistrate, Passenger Tax Shops and Establishment Act and Electricity, Srinagar (hereinafter to be referred as the 'the trial court') to any other court of competent jurisdiction at Jammu on the ground that due to security reasons, he was unable to participate in the proceedings before the learned trial court, whereas the respondent Nos. 1 to 3 can safely and fearlessly move in and around Jammu and engage counsel of their choice to contest the suit after its transfer to Jammu. 2 LPA No. 113/2023 2. The learned Single Judge vide its order dated 29.09.2022 dismissed the Transfer Application by stating that the contention of the appellant that Srinagar is not a safe place for him to contest the suit cannot be accepted just for the sake of transferring the civil suit from the trial court to any other competent jurisdiction at Jammu. 3. The appellant has impugned the order passed by the learned Single Judge in TrP(C) No. 42/2019 on the similar grounds as were urged by him for transfer of the suit from the trial court to any other court of competent jurisdiction at Jammu before the learned Single Judge. 4. Mr. C.M.Koul, learned Senior Counsel for the appellant has argued that due to security scenario, it is not possible for the appellant to travel to Srinagar to contest the suit and the learned Single Judge has not rightly considered the contentions raised by the appellant. 5. The only ground projected by the appellant for transfer of the civil suit is the prevalent security scenario in Srinagar. The application for transfer of the suit was filed in the year 2019 and there has been much improvement in the security scenario at Srinagar and it has been observed by the learned Single Judge that the appellant is trying to portray Srinagar as a place of no entry for him, such a contention cannot be accepted. 6. We have examined the order passed by the learned Single Judge and we do not find any reason to show indulgence. Otherwise also, in a civil suit, personal appearance of the defendant (s) is not necessary and he can engage a lawyer for his representation before the learned trial court in the civil suit filed against him and other defendants. Even the appellant can appear before the learned trial court through virtual mode, if required. 3 LPA No. 113/2023 7. In view of what has been said and discussed above, the instant appeal is found to be misconceived. The same is, accordingly, dismissed. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu 28.05.2025 Karam Chand/Secy. Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No KARAM CHAND 2025.05.29 15:51 I attest to the accuracy and integrity of this document