VEER JI PANDITA Vs. MOHD. MUZAFFAR KHAN
LAWS(J&K)-2019-12-84
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 17,2019

Veer Ji Pandita Appellant
VERSUS
Mohd. Muzaffar Khan Respondents




JUDGEMENT

- (1.)Applicant seeks transfer of the suit titled ' Noor Ud Din Khan v. Veer Ji Pandita ' pending in the Court of Munsiff, Handwara to any other Court of competent jurisdiction at Jammu. The above titled suit is pending in the Court of learned Munsiff, Handwara and during the pendency of the suit, father of the respondents expired, therefore, the respondents were arrayed as party respondents to the suit.
(2.)It is submitted that the applicant is a migrant and is duly registered as such before the Relief Organization. He has left his house and migrated to Jammu due to prevailing circumstances in the Valley and since then is residing there. Respondents have filed the civil suit against him in Court of Munsiff, Handwara, just to cause harassment and inconvenience to him and his family members. It is further submitted that the applicant is in possession of the land measuring 02 Kanals 12 Marlas falling under Survey No. 874 situated at Deedarpora, 02 Kanals 10 Marlas falling under Survey No. 122 situated at Deedarpora, 01 Kanal falling under Survey No. 1435 situated at Deedarpora, 10 Marlas falling under Survey No. 845 situated at Deedarpora and 02 Kanals 10 Marlas falling under Survey No. 882 situated at Deedarpora which he had acquired after the death of his father. He further submits that he is in acute financial crisis and it is difficult for him to contest the suit in Handwara because of the expenses involved and also due to the prevailing conditions in the Valley as he fears threat to his life and liberty.
(3.)It is further submitted that the applicant suffered from health problem, as such, has been advised by the doctor to against long distance travel, thus, he cannot pursue the matter at Handwara.


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