 |
| Transfer Application |
Forum: District & Sessions Judge
Parties/title: Applicant Vs respondent (applicant
may be a plaintiff or defendant)
APPLICATOR FOR TRANSFER OF CASES/PETITION
Respectfully Sheweth,
That a petition U// S 22- A &
B Cr.P.C case titled Shams Khan Vs David Jhon etc is pending adjudication
before the court of Sarmad Olia, learned Additional Secessions Judge, and fixed
for today.
That the applicant is respondent
in above cited petition and having valuable rights in the matter but with due
respect, the learned Additional Sessions Judge, gave an extra preference and
favour to the petitioner. Furthermore, a civil matter between the parties has
already been pending before the learned civil court, in which the respondent admitted
that the matter disputed between the parties is only for land measuring 20
Kanals and since then the matter is
pending from 2015 but the Shams Khan neither filed any application nor objected
and even otherwise the in an agreement, the Shams Khan himself admitted regarding
the NOC but on the other hand the learned trial court with due respect even
took the original file of the civil suit and there are many things which were
clearly indicating that there is no fair trial is going on according to 10-A of
Constitution of Islamic Republic of Pakistan, hence this case/matter is liable to
transfer in any other competent court of law.
That even otherwise there is more
than 150 innocent bonafide purchasers are crying for their justice because Shams
Khan is also one of the accused/culprits who at the time of taking the money
was neither objected any matter of NOC etc but now as the matter is subjudice before
the civil court, he is illegally and unlawfully initiated another proceeding
just to grab the amount as well as land from the bonafide purchasers.
That with due respect, the
applicant has no confidence regarding the fair decision or disposal of the
case/petition on merit from the learned Additional Sessions Judge, hence the
applicant seeks the transfer of above titled case/petition to any other court
of competent jurisdiction.
That the valuable rights of the
applicant is involved in the above titled cases and if the above titled
petition is not transfer from the court of Sarmad Olia, learned ASJ to another
court of competent jurisdiction, than the applicant shall suffer irreparable
loss.
PRAYER:
In view of above, it is most
humbly prayed that instant petition may kindly be accepted and above titled petition /
case titled may kindly be transferred from the court of Sarmad
Olia learned ASJ, to any other court of competent jurisdiction for the
just and fair decision of the matter.
Applicant Through Counsel
0 Comments