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2025 DAILYLAW 7338 (JK)

PEER SHARIFUDIN v. PEER MANZOOR AHMAD AND ANR.

TrP (C)/5/2025 · 2025-05-19

Sanjay Dhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

05 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Trp(C) No. 05/2025 Peer Sharif Din ….. Petitioner (s) Through: Mr. S A Qadiri, Adv. V/s Peer Manzoor Ahmad and anr. ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 19.05.2025 The petitioner, through the medium of present petition, has sought transfer of civil suit filed by the respondent against him, from the court of Munsiff, Qazigund to any other court of competent jurisdiction at Srinagar. The ground, that has been projected for seeking transfer of the suit, is that the trial court is not proceeding to decide the preliminary objection of the petitioner with regard to the maintainability of the suit, even though the petitioner has pleaded in his written statement before the trial court that the said court does not have jurisdiction to try the suit. Having regard to the ground that has been urged by the petitioner for seeking transfer of the suit, it would be appropriate to direct the learned trial court to deal with the plea of petitioner expeditiously. Accordingly, the petition is disposed of with a direction to the learned trial court to frame preliminary issues on the basis of the objections raised by the petitioner in his written statement and thereafter decide the same expeditiously. Disposed of as above. Copy of this order be sent to learned trial court. (Sanjay Dhar) Judge SRINAGAR 19.05.2025 Aasif