Daya Krishan Wali, S/o. Late Sh. Shamboo Nath Wali v. Sanjay Wali
2023-10-06
SANJAY DHAR
body2023
DigiLaw.ai
ORDER : 1. Applicants, who happen to be the respondents in the main transfer petition, have filed the instant application seeking recalling of order dated 27.03.2018, whereby the suit titled, “Daya Krishan Wali vs Sanjay Wali and another” pending before the court of 2nd Additional Judge, Srinagar has been directed to be transferred to the court of learned District Judge, Jammu or to any other court at Jammu, to which, the learned District Judge, Jammu would assign the same. 2. The ground urged for review/recall of the aforesaid order by way of present application is that due to absence of counsel for the applicants, they were not heard prior to passing of the order under review. It has been further submitted that objections filed by the review petitioners were not considered by the Court, while passing the order under review. 3. I have heard learned counsel for the parties and perused the record including the record of the main transfer petition. 4. This Court vide the order under review had directed the transfer of the suit on the ground that none of the parties is presently residing in the Kashmir Valley and it would be convenient for both the parties to prosecute/defend the suit before court at Jammu. 5. If we have go through the objections filed by the review petitioners to the transfer petition, it is clear that they have not disputed that they are presently residing outside the Kashmir Valley. The only assertion that the review petitioners have made in the objections is that they have a small hut at Gulmarg and they hold a registration of a hotel, which has been dismantled by the Gulmarg Development Authority, meaning thereby that there is no permanent abode of the review petitioners in Kashmir Valley even at present. In view of this undisputed position, this Court has rightly observed that it would be for the convenience of both the parties that the case is transferred out of Kashmir Valley to Jammu which is a place that will be accessible and convenient to both the parties. 6. For the foregoing reasons, I do not find any ground to review/recall the order passed by this Court on 27.03.2018. The petition is, therefore, dismissed.