1. ' ANWAR ZAHEER JAMALI, J.---Mr. Muhammad Sajjad Abbas, Advocate holding brief for Mr. Shaharyar Qazi, Advocate for respondent No,1 in civil transfer Application No,41/21008, requests for adjournment on the ground that Mr. Shaharyar Qazi is out of station. Such request is declined.
2. ' By these two civil transfer applications, filed by Messrs Ofspace (Private) Limited, they have sought transfer of Civil Suit No,847 of 2008 and civil suit No,899 of 2008, presently pending before the Court of IX Senior Civil Judge, Karachi South to the High Court.
3. ' The ground urged for seeking such relief is that already litigation between the same parties, in the form of J.M. No,31 of A 2007, covering the same controversy, is pending in the High Court, therefore, it will be proper that these two civil suits are also transferred to the High Court for proceeding so that conflict of judgments A in various proceedings relating to the A issues arising out of the agreement dated 14-1-1998 may be avoided. Reference of another suit No,1272 of 2008, filed by the applicant, has, also been made in the transfer application to show that in all these cases the parties are, more or less same and, therefore, it will be just and convenient for all the litigating parties that these matters are proceeded and adjudicated before the same forum at High Court.
4. ' Saghair Ahmad Qureshi, respondent No, 1, in Civil Transfer Application No,40 of 2008, has filed his counter affidavit on 17-10-2008 wherein he has opposed such request of transfer on the pleas that nature of reliefs claimed, and issues will be different, therefore, the proceedings in the matters will be delayed. The respondent No,5, in his counter affidavit has also opposed such request on the same grounds.
5. ' After hearing the learned counsel, I have carefully perused the material placed on record which substantiates the assertions of the learned counsel for the applicant. There seems to be no valid justification for entertaining such objections of the respondents.
6. ' Accordingly, both these transfer applications are allowed with directions that Suits Nos.847 of 2008 and 899 of 2008, pending before IX Senior Civil Judge, Karachi South, are transferred to the High Court for further proceeding in accordance with law.