ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Civil  Transfer  Appln.  No.04  of 2010.                                                                                                                                        

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

 For Katcha Peshi.

14.2.2011.

                        Mr. Mazher Ali Mangan advocate for respondent No.1-A.

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                        Mr. Imdad Ali Mashori advocate has filed Vakalatnama on behalf of applicant along with an order dated 15.12.2010, passed in Civil Transfer Application No.6/2010 by the learned District & Sessions Judge, Kamber-Shahdadkot, whereby suit filed by the present applicant was transferred from the Court of learned Senior Civil Judge, Shahdadkot to Senior Civil Judge, Kamber. Learned counsel states that the same  subject property is also involved in the present suit i.e. Suit No.30/2008 filed by respondent No.1, this suit may also be transferred before the same Judge to avoid conflicting judgment.

                         Learned counsel for respondent did not controvert the above statement made by learned counsel for the applicant, he would have no objection if this suit is transferred from the Court of Senior Civil Judge, Shahdadkot to learned Senior Civil Judge, Kamber, however, he has submitted that the proceedings in the instant suit have already been concluded and evidence  of the parties has been recorded, therefore, the learned Senior Civil Judge, Kamber may be directed to proceed with both the matters expeditiously and dispose of both the cases preferably within two months. To this submission, learned counsel for the applicant has extended his no objection.

                        Accordingly, by consent of the parties, F.C Suit No.30/2008 re: Muhammad Soonhal v. Bahaoldin and others is directed to be transferred from the Court of Senior Civil Jude, Shahdadkot to the Court of Senior Civil Judge, Kamber with direction to dispose of both the suits preferably within two months.

                        Instant application stands disposed of in the above terms.

Judge