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Allahabad High Court

AKSHAY KUMARversusMANOJ KUMAR SHARMA

Decided

Holding

The transfer application was dismissed for want of prosecution.

Summary

In Transfer Application (Civil) No. 239 of 2024 before the Allahabad High Court, Akshay Kumar filed an application seeking transfer of the suit against Manoj Kumar Sharma. No counsel appeared on behalf of the applicant to press the application, while the opposite party was represented by Ms. Pooja Agarwal. The court noted the lack of prosecution of the transfer application. Consequently, the application was dismissed for want of prosecution. The court also vacated any interim order that may have been granted earlier.

Issues considered

  • Whether a transfer application can proceed in the absence of prosecution by the applicant

Subjects

  • transfer of suit
  • want of prosecution
  • civil procedure
  • dismissal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 239 of 2024

                                    Akshay Kumar
                                                                                                   .....Applicant(s)
                                                                           Versus

                                    Manoj Kumar Sharma
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)                        :   Krishna Kant Shukla
                                    Counsel for Opposite Party(s)                   :   Pooja Agarwal

                                    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.

                                    Ms. Namrata Singh, learned Advocate holding brief of Ms. Pooja
                                    Agarwal, counsel for the opposite party is present.

                                    The transfer application is dismissed for want of prosecution.

                                    Interim order, if any, granted earlier, stands vacated.



                                                                             (Dr. Yogendra Kumar Srivastava,J.)
                                    May 6, 2026
                                    Arun K. Singh




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

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