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Allahabad High Court

RICHA SAHAIversusHIMANSHU SHRIVASTAVA

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

The applicant, Richa Sahai, filed a transfer application (Civil) No. 243 of 2025 seeking to move the proceedings to another court. The respondent, Himanshu Shrivastava, was served with the application. No counsel appeared on behalf of the applicant to argue or prosecute the transfer request. The High Court observed that the application was not pursued and therefore dismissed it for want of prosecution. Consequently, any interim order that had been granted earlier was vacated.

Issues considered

  • What is the procedural consequence of a transfer application that is not prosecuted before the court?

Subjects

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 243 of 2025

                                    Richa Sahai
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Himanshu Shrivastava
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Nilam Shukla, Surnedra Prasad Shukla
                                    Counsel for Opposite Party(s) : Dr. Aditya Kumar Trivedi

                                    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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