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Allahabad High Court

SMT. DEEPA MODANWALversusMAHENDRA MODANWAL

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

Smt. Deepa Modanwal filed a transfer application (Civil) No. 194 of 2022 seeking to transfer the suit against Mahendra Modanwal. The applicant failed to appear before the court to press the application. Consequently, the Hon'ble Court dismissed the transfer application for want of prosecution. The interim order that had been passed, if any, was vacated. The judgment was delivered on May 5, 2026, by Justice Yogendra Kumar Srivastava.

Issues considered

  • What is the appropriate disposition of a transfer application when the applicant fails to appear and prosecute the application?

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 194 of 2022

                                    Smt. Deepa Modanwal
                                                                                                  .....Applicant(s)
                                                                           Versus

                                    Mahendra Modanwal
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                    :   Amit Kumar Singh
                                    Counsel for Opposite Party(s)               :   Ajai Krishna Srivastava

                                    Court No. - 35
                                            HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.

                                    Case called out in the revised list.

                                    None appears for the applicant to press the application.

                                    The transfer application stands dismissed for want of prosecution.

                                    Interim order, if any, stands vacated.



                                                                             (Dr. Yogendra Kumar Srivastava,J.)
                                    May 5, 2026
                                    Imroz




Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad


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