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Allahabad High Court

SMT. REENAversusGAURAV SHARMA

Decided

Holding

A transfer application that is not prosecuted by the applicant must be dismissed, and any interim order granted earlier is vacated.

Summary

The applicant, Smt. Reena, filed a transfer application (Civil) No. 162 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, Gaurav Sharma, was represented by counsel. The court examined whether the transfer application could proceed in the absence of prosecution. It held that an application not prosecuted cannot be entertained and must be dismissed. Consequently, the transfer application was dismissed and the earlier interim order, if any, was vacated.

Issues considered

  • Whether a transfer application can be entertained when the applicant fails to appear or prosecute the application
  • Whether an interim order granted earlier remains in force when the transfer application is dismissed

Subjects

  • transfer of suit
  • want of prosecution
  • interim order vacated
  • Civil Procedure Code
  • high court

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 162 of 2025

                                    Smt. Reena
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Gaurav Sharma
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Ajay Kumar Yadav, Bijay Kumar
                                    Counsel for Opposite Party(s) : Kumar Gaurav, Kumar Parikshit,
                                                                    Ritesh Kumar

                                    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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