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Judgment
Review of the order passed by this Court on 17.09.2018 vide which the Civil Suit filed by the petitioners at Srinagar was directed to be transferred
to the Court of competent jurisdiction at Jammu, has been sought by filing the present petition.
In the transfer petition, the petitioners had claimed that they had migrated from the Valley in the year 1990. A Civil Suit was filed by them alleging
therein that the respondents had encroached upon the land of the petitioners. Petitioner No. 1 claimed himself to be 82 years of age whereas petitioner
Nos. 2 & 3 claimed to be aged 79 and 75 years, respectively.
Considering the factual matrix and after hearing the counsel who appeared for the respondents, this Court directed for transfer of the civil Suit from
Srinagar to Jammu.
Learned counsel for the review petitioners claimed that a fraud was committed as all the four respondents in the transfer petition had expired, much
prior to the filing of the transfer petition in this Court. The other defendants in the Suit had not been impleaded as parties. He further submitted that
earlier transfer application filed by the petitioners had been dismissed. The defendants in the Suit are now in their 50’s. As per Code of Civil
Procedure evidence can be recorded through affidavits. Review petitioners undertake to cross examine his witnesses on a single day, hence there
would be no harassment.
After hearing the learned counsel for the review petitioners, I do not find any reason to review the order passed by this Court on 17.09.2018
transferring the case from Srinagar to Jammu.
Learned counsel for the review petitioners claimed that the respondents in the transfer petition had already expired when the transfer petition was
filed. To buttress his argument, he has even placed on record the death certificates thereof along with the review petition. He further submitted that in
the objections to the transfer petition, this fact was clearly stated. In the aforementioned light, the argument sought to be raised was that the order has
been obtained by misleading the Court. However, the same does not have any merit.
Learned counsel for the respondents in the transfer petition had filed objections on the behalf of the respondents. No doubt in the objections, in one
of the paragraphs, it has been stated that the respondents had died but their legal representatives were not brought on record. It was clearly stated in
the objections that those are being filed on behalf of the respondents.
While considering the grounds made out by the petitioners in the transfer petition, regarding conditions in the valley and the age of the petitioners in
the transfer petition, this Court vide order dated 17.09.2018 had directed for transfer of the case from Srinagar to Jammu.
More than one year has been passed thereafter and the proceedings are pending before the Court at Jammu. As per the information received from
the Court below, the defendants in the Suit have not yet put in their appearance and the same is pending in the Court of learned Additional District
Judge, Jammu on 10.02.2020.
No doubt earlier transfer application was dismissed, however, that was appreciating the condition prevailing in the Valley at that time. With the
change in circumstances and considering the age of the petitioners in the transfer petition, this Court directed for transfer of the case from Srinagar to
Jammu.
There is no error in the order. It does not deserve to be reviewed. The Review petition is, accordingly, dismissed.
Considering the fact that it is a Civil Suit which was filed way back in the year 1981 and is still pending for completion of service, the review
petitioners, who had filed review petition and claimed themselves to be defendants in the Suit, now have the knowledge of the pendency of the Suit
before the Court below which is fixed on 10.02.2020. Their service shall be deemed to be complete for the next date of hearing. They can either put in
appearance in person or through their counsel. For service of other respondents, the Court below is directed to take immediate effective steps
considering the fact that litigation is pending for the last about three decades and the case in hand must be one of the oldest case.
After service is complete, affording due opportunity to both the parties, proceedings in the Suit be concluded within a period of six months
thereafter.
Copies of the relevant record, showing the names of the persons, who filed review petition and the copy of the order be sent to the Court below
immediately.