1. ' AZIZULLAH M. MEMON, J.---Applicant Zulifqar Ali has filed these two Transfer Applications seeking transfer of the counter cases one bearing No,44 of 2003 and the other bearing No,43 of 2003 pending in the Court of learned IInd Civil Judge and Judicial Magistrate, Bhiria City alleging that "there being counter cases pending trial in the said Court" the applicant 'had seen the other party sitting in the Chamber of learned Civil Judge and Judicial Magistrate and; therefore, he does not expect fair justice at his hands in the said two cases.
2. ' Learned Sessions Judge dismissed the transfer application with the observation that the Judicial Magistrate was provided with only one room to house the Court room as well as his Chamber therein and the cases being counter in between the parties, it would be but natural that the other party would also be available in the Court room. As and when the counter cases were to be called by the Magistrate for the purpose of trial of the case.
3. ' Heard learned counsel appearing for the petitioner.
4. ' Learned counsel for the applicants has cited 2005 YLR 1848 to argue that where the party concerned, for sufficient reasons, apprehends that the trial Magistrate is not likely to decide the case in question in a just and proper manner and towards achieving the ends of justice, the transfer of such a case was to be allowed.
5. ' It is a settled principle of law that the transfer of the cases could not be allowed barely on the whims of the other party of the case. As stated above, the Judicial Magistrate having been provided with only one room to house the Court-room as well as his Chambers therein, the applicant appears to have unnecessarily gathered adverse impression against the integrity of the learned Presiding Judge. There is no ground for transfer of the counter cases from the above stated Court.
6. ' However, in order to see that the applicant may not. Continue A having the same impression as unnecessarily nursed by him, the learned Sessions Judge, Naushahro Feroze is hereby directed to transfer the above said counter cases from the Court of Civil Judge and Judicial Magistrate, Bhiria to any other competent Court of law, with direction to the transferee Court to hear the parties and to decide the cases within 30 days from the date of receipt of record and proceedings of two cases by it, ' Both the Transfer Applications stand disposed of together with the listed applications.