Allahabad High Court
NEHA KASTURIYAversusDIPIN KASTURIYA
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The court held that a duly filed withdrawal application permits the dismissal of the pending transfer application.
Summary
The applicant, Neha Kasturiya, filed a transfer application (Civil No. 229 of 2022) before the Allahabad High Court. Subsequent developments prompted her to seek withdrawal of that application, which was effected through Civil Miscellaneous Withdrawal Application No. 10 of 2026, supported by an affidavit. The court examined the withdrawal request and found it to be in order. Consequently, the pending transfer application was dismissed. The court also disposed of any other pending applications, and the withdrawal application itself was marked as disposed.
Issues considered
- Whether the applicant may withdraw a pending transfer application under the Civil Procedure Code
- What is the effect of a withdrawal application on the pending transfer application and any other pending matters
Subjects
- transfer of suit
- withdrawal of application
- civil procedure
- High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 229 of 2022
Neha Kasturiya
.....Applicant(s)
Versus
Dipin Kasturiya
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Giri, Toshiva Singh
Counsel for Opposite Party(s) : Kapil Tyagi
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Sri Mayank Garg, learned Advocate holding brief of Sri Mayank Gaurav,
learned counsel for the applicant states that in view of certain subsequent
developments, the applicant seeks withdrawal of the transfer application.
It is submitted that an application seeking withdrawal of the transfer
application being Civil Misc. Withdrawal Application No.10 of 2026,
supported by an affidavit of the applicant, is also on record.
The transfser application stands dismissed accordingly.
Pending application(s), if any, stand(s) disposed of.
Order on Civil Misc. Withdrawal Application No. 10 of 2026:
The Withdrawal Application stands disposed of.
(Dr. Yogendra Kumar Srivastava,J.)
March 30, 2026
Arun K. Singh
Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad
Checking your session…