Rajan Nagpal and Another vs Abdul Gafar Bhat

M.M. Kumar, C.J.—This is an application seeking transfer of Civil Suit titled Abdul Gaffar Bhat v. Rajan Nagpal and others registered on

file No. 136 from the Court of Civil Judge (Junior Division) cum Munsiff, Pulwama to any other Court of competent jurisdiction. Plaintiff-

respondent Abdul Gaffar Bhat has sought relief by filing Civil Suit No. 136 on 23.01.2012 for declaration and permanent injunction claiming that

by virtue of adverse possession he has become owner in possession of the landed property situated at Jagir Parigam, Pulwama measuring 35

kanals. The defendant-petitioners have claimed that the property belongs to them and no plea of adverse possession can be set up against them.

However, they have sought transfer of the suit on various grounds namely that they are settled at Jammu and they are residents of 69-A/D Gandhi

Nagar, Jammu; they are not in a position to attend and pursue the suit at Pulwama where their property is situated. Another ground projected for

transfer is that son of the plaintiff-respondent namely Sh. Ghulam Nabi Bhat is a practicing Advocate at Pulwama for the last more than 25 years.

He wields significant influence in the bar at Pulwama. The petitioners-defendants have also alleged that at the time of getting revenue record

mutated in their favour in the month of December, 2011 they had gone to Tehsildar and the aforesaid Advocate Ghulam Nabi Bhat-son of the

respondent had threatened them of facing dire consequences, in case they prosecute their case for protection of their proprietary land. The threats

were given in front of the Patwari and the Tehsildar concerned. Accordingly, petitioners have never been able to appear before the Civil Court at

Pulwama. A representation to that effect was also made to the Senior Superintendent of Police, Pulwama on 25.02.2012 (Annexure-B).

Cause of the petitioners has been opposed.

I have heard learned counsel for the parties at considerable length and am of the view that there are broad indications available on record, which

may show that the ends of justice would be better served, if the suit is transferred to a Court of competent jurisdiction of some other District.

It is not unknown that when a party to the litigation is an Advocate or is closely related to an Advocate then such Advocate would wield

insurmountable influence. Sometime it becomes even difficult to engage a counsel by the other side. There is a reasonable apprehension which can

be allayed by transferring the Suit to some other District. Therefore, the ends of justice would be served by transferring the Civil Suit titled Abdul

Gaffar Bhat v. Rajan Nagpal and another (File No. 136) from the Court of Civil Judge (Junior Division)-cum-Munsiff, Pulwama to a competent

Court of jurisdiction at Srinagar.

According to the petition succeeds. The Civil Suit on the file No. 136 dated 23.01.2012 is transferred to Srinagar Record of the Civil Suit has

also been requisitioned. A photocopy of the record along with copy of the order be sent to the Civil Judge (Junior Division)-Munsiff, Pulwama so

as to maintain the record by making appropriate entry in the concerned register. The original record as received from the Civil Judge (Junior

Division), Pulwama be also sent to the Principal District Judge, Srinagar, who may entrust the suit to a Court of competent jurisdiction. The parties

through their learned counsel are directed to appear before the Principal District Judge, Srinagar on 17.06.2013.