1. The suit of Mohmmad Ishaq Zaroo, respondent No. 1 before this Court, for declaration and injunction was pending adjudication before 3rd Additional District Judge Srinagar. The matter was referred for arbitration in terms of agreement entered by the parties. While report and award of arbital reference was awaited, plaintiff/respondent No. 1, moved court of reference for ad-interim relief including attachment of shops in the ground floor of the building subject of arbital reference.

2. The Court of reference took certain steps including directions to the concerned police to implement court order passed in December 1994. While this matter was being heard on a due date, the petitioner/defendant Mushtaq Ahmad Dar filed an application for transfer of the case on the ground that the said defendant saw one Hassan Zaroo, brother of plaintiff, with the Presiding Officer in his chambers, leading to apprehension in the mind of defendant/ petitioner, that he may not get the justice from the Court. The District Judge Srinagar, after hearing the parties withdrew the suit from the file of 3rd Additional District Judge Srinagar and transferred it to the Court of Additional District Judge Srinag

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