Jamal Ali vs Mohd. Sadeeq And Others
2021 Latest Caselaw 1624 j&K

                                                                       Serial No. 8



      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU

                                               Ref (C) No. 12/2019

Jamal Ali                                          ...Applicant(s)/Petitioner(s)

                       Through:- Mr. Anil Kumar Verma, Advocate
                           v/s

Mohd. Sadeeq and others                                         ...Respondent(s)

                       Through:- None

Coram:        HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

                                       ORDER

1. None appears for the respondents despite service.

2. Perusal of the file reveals that the civil first appeal filed against

judgment and decree dated 08.04.2017 passed by Sub Judge, Reasi in file

No. 33/civil came to be presented before the court of Principal District and

Sessions Judge, Reasi by the appellants. The presiding officer of the said

court of Principal District Judge, Reasi had decided the case whereunder the

appeal has arisen as a trial judge necessitating thus, making the instant

reference to this Court for transferring the case to some other court of

competent jurisdiction.

3. Appearing counsel for the appellant Mr. Anil Kumar Verma would

contend that the presiding officer of the court of the Principal District Judge,

Reasi who had made the reference and had infact dealt with the case in the

trial court stands transferred and a new incumbent-presiding officer has

taken over, as such, the appeal can be re-transmitted back to the court of

Principal District Judge, Reasi for adjudication and disposal in accordance

with law.

4. Statement of Mr. Verma is taken on record and the matter is

remanded back to the court of Principal District and Sessions Judge, Reasi

for adjudication and disposal in accordance with law.

5. It goes without saying before proceeding in the matter upon

receipt of the record from this Court, the appellate court shall issue a fresh

notice to the respondents.

6. Parties to appear before the appellate court on 30.12.2021.

7. Reference is accordingly answered and disposed of.

(JAVED IQBAL WANI) JUDGE

Jammu 06.12.2021 SUNIL-I