HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU TrP (C) No. 16/2026 CM No. 4532/2026 Kanchan Slathia …..Appellant(s)/Petitioner(s) Through: Ms. Meenakshi Slathia, Advocate Vs Chander Singh Slathia .…. Respondent(s) Through: Ms. Vasudha Sharma, Advocate CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 13.07.2026 1. The petitioner, who is the plaintiff in a suit pending before the Court of the learned Munsiff (Additional Special Mobile Magistrate), Samba, had earlier approached this Court by filing TrP (C) No. 38/2025 seeking transfer of the said suit to a Court of competent jurisdiction at Jammu. The principal grounds urged therein were that the defendant had allegedly been threatening and harassing the petitioner and that the learned counsel appearing for the defendant had attempted to dictate terms to the trial Court, thereby giving rise to an apprehension in the mind of the petitioner that she may not receive a fair and impartial trial. This Court, however, vide order dated 24.12.2025, dismissed the transfer petition while directing the Presiding Officer to maintain and exercise judicial authority so as to ensure that the proceedings are conducted in a fair, transparent and impartial manner. The petitioner has once again invoked the jurisdiction of this Court, contending that the trial Court has been taking up the suit on a day- to-day/fortnightly basis despite there being no exceptional urgency, while other cases pending before the Court are being dealt with in the ordinary Serial No. 124 2 TrP (C) No. 16/2026 CM No. 4532/2026 course. According to the petitioner, such preferential listing has strengthened her apprehension that the matter is being treated differently, thereby affecting her confidence in the fairness of the proceedings. 2. Ms. Vasudha Sharma, learned counsel appearing for the respondent, entered appearance and, during the course of hearing, fairly submitted that the respondent has no objection if the suit is transferred to any other competent Court within the Distt. as such a course would sufficiently allay the apprehension expressed by the petitioner. Learned counsel for the petitioner also agreed that transfer of the suit to another Court at a nearby station would adequately meet the ends of justice. 3. Having heard learned counsel for the parties and considered the submissions advanced, this Court is of the view that every judicial proceeding is required to be conducted expeditiously, commensurate with its nature and the exigencies of the case. However, expedition in disposal ought not to create an impression that one matter is being accorded undue precedence over other equally pending matters before the same Court, unless such prioritization is warranted by law or by the peculiar facts of the case. Reference has been made by the petitioner to paragraph 16 of the petition to demonstrate the frequency with which the matter has been listed. It is possible that the trial Court, while acting in compliance with the directions issued by this Court on 24.12.2025 to ensure a fair, transparent and effective trial, understood the same as requiring the matter to be taken up at short intervals so as to secure its early conclusion. Be that as it may, this Court does not find any material to hold that the procedure adopted by the trial Court is, in itself, unfair or prejudicial to the petitioner's case or that it reflects any bias in the adjudicatory process. 3 TrP (C) No. 16/2026 CM No. 4532/2026 4. Nevertheless, during the course of arguments, learned counsel for the respondent unequivocally stated that the respondent has no objection if the suit is transferred from the Court of the learned Munsiff (Additional Special Mobile Magistrate), Samba, to the Court of the learned Additional Munsiff, R.S. Pura. In view of the consensus arrived at between the parties, this Court considers it appropriate to accept the said request in order to dispel any lingering apprehension in the mind of the petitioner and to preserve the confidence of the parties in the fairness of the judicial process. 5. Accordingly, without expressing any opinion on the merits of the controversy pending before the trial Court, the present transfer petition is disposed of by directing that the suit pending before the Court of the learned Munsiff (Additional Special Mobile Magistrate), Samba shall stand transferred to the Court of the learned Additional Munsiff, R.S. Pura, Jammu, for disposal in accordance with law. The learned trial Court shall transmit the entire record forthwith to the transferee Court, which shall thereafter proceed with the matter from the stage at which it is received and decide the suit expeditiously in accordance with law. (Sanjay Parihar) Judge Jammu 13.07.2026 Diksha