HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU TrP(C) No. 18/2025 CM No. 4280/2025 Sakinder Hayat Khan …..Appellant(s)/Petitioner(s) Through: Mr. M. R. Qureshi, Advocate & Mr. H.R. Qureshi, Advocate Vs Mohd. Shakeel & Ors. .…. Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (18.07.2025) 01. Mr. M. R. Qureshi, learned Advocate assisted by Mr. H. R. Qureshi, Advocate argued very passionately seeking transfer of a pending civil miscellaneous appeal in the court of learned Principal District Judge, Poonch to the Co-ordinate court by arguing that the petitioner, who is a plaintiff in the suit and the respondent in said appeal, has gathered an impression that the appeal preferred in the matter by the respondents under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 needs to be decided on merits rather than by any compromise mode and that the learned appellate court should not have insisted or continue to insist upon the petitioner for a compromise as that would mean the civil suit of the petitioner would be rendered infructuous by any exercise with respect to purported compromise being insisted upon and, Serial No. 139 2 TrP(C) No. 18/2025 therefore, the petitioner has an apprehension that since the petitioner has declined to further any compromise in the matter that may become cause for the learned Presiding Officer of the Principal District Judge, Poonch to become prejudiced, as such, the pending appeal be transferred. 02. This Court believes that it is always a part of the domain of a Presiding Officer of a Court in particular a civil court to make an effort as to whether controversy can be resolved in an amicable manner, be it at the trial stage or in the appellate stage, and, therefore, such an attempt or effort by a Presiding Officer of a Court, which in the present case is that of Principal District Judge, Poonch, shall not be read and taken to be an exhibit of any prejudice to happen in the merit based adjudication of a case and, therefore, this Court finds no good reason to grant indulgence in the matter. As such, this petition is disposed of with a request to the learned Principal District Judge, Poonch to adjudicate appeal on merits. 03. A copy of this order be forwarded to the Principal District Judge, Poonch for notice. (RAHUL BHARTI) JUDGE JAMMU 18.07.2025 Muneesh Muneesh Sharma 2025.07.23 23:08 I attest to the accuracy and integrity of this document