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Allahabad High Court

SMT. MINAKSHIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

Smt. Minakshi filed a transfer application (Civil) No. 235 of 2021 before the Allahabad High Court seeking to transfer the suit to another court. The applicant's counsel was listed as Chandra Bhushan Prasad and Manoj Kumar Dhuriya, while the State of U.P. was represented by Anurag Sharma and C.S.C. No counsel appeared on behalf of the applicant on the date of hearing to press the application. The Court observed that the application had not been prosecuted and therefore could not be entertained. Consequently, the transfer application was dismissed for want of prosecution and any interim order previously granted was vacated.

Issues considered

  • What is the appropriate consequence when a transfer application is not prosecuted before the Court?

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 235 of 2021

                                    Smt. Minakshi
                                                                                                .....Applicant(s)
                                                                           Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Chandra Bhushan Prasad,               Manoj
                                                                    Kumar Dhuriya
                                    Counsel for Opposite Party(s) : Anurag Sharma, C.S.C.

                                    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 the 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
                                    Neetu




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

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