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Constitutional Petition No.S-115 of 1986, decided on 13th November, 1986.
---Art.199--Transfer of suit--Constitutional petition treated as transfer application and suit transferred accordingly with the consent of opposing counsel.
Abdul Khalil for Petitioner.
Muhammad Ibrahim Bajwa for Respondents.
This is a Constitutional Petition, filed against the Order of XIth Civil Judge, South, Karachi. The grievance of the petitioner is that he had earlier filed a suit against the respondent for restitution of conjugal rights which is pending before the learned Xth Civil Judge, West, Karachi. Thereafter the respondent has filed a suit for maintenance which is pending before the learned XIth Civil Judge (South) Karachi, who has now passed the impugned order. Mr. Abdul Khalil has stated that if this petition is treated as a transfer application and the suit pending before the learned XIth Civil Judge (South) is transferred to the learned Xth Civil Judge (West) Karachi, then he will not press this petition. To this proposition Mr. Muhammad Ibrahim Bajwa, learned counsel for the respondent has no objection. Under the circumstances, I treat this petition as a transfer application and direct that the suit pending before the learned XIth Civil Judge (South), Karachi may be transferred to the Court of Xth Civil Judge (West) Karachi before whom the earlier suit is pending.
M.A. K./A-118/K Case transferred.
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