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Allahabad High Court

SMT HIMANSHIversusROHIT BADLI

Decided

Holding

The transfer application is dismissed for want of prosecution, and the earlier interim order is vacated.

Summary

Smt. Himanshi filed a transfer application (Civil No. 288 of 2024) before the Allahabad High Court seeking to transfer the suit. No counsel appeared on her behalf to prosecute the application. The 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. The dismissal effectively leaves the original suit pending in the original court.

Issues considered

  • What is the appropriate course of action when a transfer application is not prosecuted by the applicant?
  • Does an unprosecuted transfer application warrant vacating any interim orders previously granted?

Subjects

  • transfer of suit
  • want of prosecution
  • interim order vacated
  • civil procedure
  • high court

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 288 of 2024

                                    Smt Himanshi
                                                                                                   .....Applicant(s)
                                                                           Versus

                                    Rohit Badli
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)                        :   Bheem Singh
                                    Counsel for Opposite Party(s)                   :   Manoj Kumar Tiwari

                                    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 6, 2026
                                    Arun K. Singh




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

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