Jammu and Kashmir High Court
TrP (C)/28/2026 of MOHAMMAD ISHAQ SHAH Vs MUSHTAQ AHMAD SHAH on 2 November 2026
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR TrP (C) 28/2026 CM(7577/2026) MOHAMMAD ISHAQ SHAH ….. Petitioner (s) Through: Mr. Younis Ahad, Advocate. V/s MUSHTAQ AHMAD SHAH ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER
01
Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
TrP (C) 28/2026 CM(7577/2026)
MOHAMMAD ISHAQ SHAH
….. Petitioner (s)
Through:
Mr. Younis Ahad, Advocate.
V/s
MUSHTAQ AHMAD SHAH
….. Respondent(s)
Through:
Coram:
Hon’ble Mr. Justice Sanjay Dhar, Judge
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ORDER
02.11.2026
1. This is an application seeking transfer of the suit titled Mushtaq Ahmad Shah Vs. Mohammad Ishaq Shah from the court of learned Munsiff, Shopian to any other court of competent jurisdiction
2. The ground urged for seeking transfer of the suit is that the proceedings before the trial court are going on at a snail’s pace. The application under Order 39 Rule 1 and 2 of Code of Civil Procedure has not been finally decided by the learned trial court. It has been submitted that even the application of the plaintiff praying for taking the written statement off the record, is not being decided by the learned trial court.
3. In view of the nature of the ground that have been projected by the petitioner for seeking transfer of the suit, this petition can be disposed of by extending appropriate direction to the learned trial court for expeditious disposal of the suit.
4. Accordingly, the petition is disposed of with a direction to the learned trial court to decide the interim applications including the application under Order 39 Rule 1 and 2 of Code of Civil Procedure and the application seeking taking off the written statement from the record within a period of one month from the date a copy of this order is made available to the said court.
5. Disposed of as above.
(Sanjay Dhar)
Judge
SRINAGAR 02.11.2026 Aasif