Allahabad High Court
SMT. SONIA SHARMAversusSUNIL KUMAR SHARMA
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application is dismissed for want of prosecution.
Summary
The applicant, Smt. Sonia Sharma, filed Transfer Application (Civil) No. 1012 of 2023 seeking to have the suit transferred to another court. No counsel appeared on behalf of the applicant to press the application, and the opposite party, Sunil Kumar Sharma, was the only party present. The High Court observed that a transfer application cannot proceed without active prosecution by the applicant. Accordingly, the Court dismissed the transfer application for want of prosecution. The Court also vacated any interim order that may have been granted earlier. No merits of the transfer request were examined.
Issues considered
- Whether a transfer application can be entertained when no party appears to prosecute it?
Subjects
- transfer of suit
- procedural law
- want of prosecution
- interim order vacated
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 1012 of 2023
Smt. Sonia Sharma
.....Applicant(s)
Versus
Sunil Kumar Sharma
.....Opposite
Party(s)
Counsel for Applicant(s) : Awadhesh Kumar Mishra, J.B. Singh
Counsel for Opposite Party(s) :
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Case called out in the revised list.
No one appeared on behalf of the applicant to press this transfer
application.
The transfer application is dismissed for want of prosecution.
Interim order, if any, granted earlier, stands vacated.
(Dr. Yogendra Kumar Srivastava,J.)
May 6, 2026
Arun K. Singh
Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad
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