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Allahabad High Court

SMT. ASHA RANIversusSUBHASH CHAND

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

The applicant, Smt. Asha Rani, filed a transfer application (Civil) No. 140 of 2025 seeking to move the pending suit to another court. No counsel appeared on behalf of the applicant to prosecute the application. The respondent, Subhash Chand, was represented by counsel Akhtar Ali. The High Court observed that the application was not pursued and therefore dismissed it for want of prosecution. Consequently, any interim order that had been granted earlier was vacated.

Issues considered

  • Whether the transfer application should be entertained in the absence of any appearance by the applicant.
  • Whether the earlier interim order should remain in force despite the dismissal of the transfer application.

Subjects

  • transfer of suit
  • civil procedure
  • want of prosecution
  • interim order vacated

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 140 of 2025

                                    Smt. Asha Rani
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Subhash Chand
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                              :   Amit Rana
                                    Counsel for Opposite Party(s)                         :   Akhtar Ali

                                    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 5, 2026
                                    Arun K. Singh




Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad


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