' GHULAM SARWAR KORAI, J.---This Civil Revision has been filed by the appellant against the order dated 10-11-2010 passed by the learned District Judge, Malir, Karachi, whereby C.T.A. No,17 of 2010 of the appellant was dismissed.
2. The grievance of the appellant is that his Civil Revision Application was earlier dismissed by the Court of learned IlIrd Additional District Judge, Malir, Karachi, which was in between same parties and subject property was also same. Learned IIIrd Additional Sessions Judge, Malir passed Judgment on 5-5-2010 in Criminal Complaint No,70 of 2006 filed by respondent No,1 against Attorney of the appellant and convicted him, therefore, he is feeling apprehension of injustice on the ground that learned Presiding Officer makeup his mind against the appellant as both earlier matters were in between the same parties and subjected property was also same. He has relied upon the case law of Mian Abdul Qadoos v. Faqirullah Minhas and others 1994 MLD 1153, Mian Muhammad Rafiq Saigol v. BCCI and others 1996 CLC 1390.
3. This Civil Revision was opposed by the counsel for the respondent No,1 as well as learned State counsel on the ground that cases may not be transferred by considering the fake allegations against the learned Presiding Officer. Learned counsel for the respondent No,1 relied upon the case-law of Batul Begum and others v. Mst. Sardar Akhtar and another 1989 MLD 106, Habib and others v. Munawar and 5 others 1991 MLD 984, Sheikh Naseeruddin v. Masood Hassan PLD 1995 Lahore 89.
4. I have also perused the file.
5. There is no direct allegation about credibility of the learned Presiding Officer of the trial Court.
Apprehension of the appellant is only that earlier two matters were decided by him which were in between same parties and subject property was also same and therefore learned Presiding Officer has madeup his mind, therefore, appellant is seeking for transfer of the case. If the appellant is feeling some apprehension then he cannot be compelled to proceed with the matter before the same Court while other Courts are also there and respondents Nos.1 and 2 will not suffer any financial loss, if the case may be transferred from one Court to another Court in the same premises, therefore, this Civil Revision Application is allowed. Order dated 10-11-2010 passed by learned District Judge, Malir, Karachi is set aside, Civil Revision Application No,11 of 2010 is transfer from the file of learned IIIrd Additional District Judge, Malir, Karachi to the Court of learned District Judge, Malir, Karachi and learned District Judge, Malir, Karachi is directed to decide the same or to entrust the same to the other Additional District Judge within his jurisdiction.