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Allahabad High Court

SMT. RAJANIversusASHISH KUMAR @ ABHISHEK

Decided

Holding

The transfer application was dismissed for want of prosecution.

Summary

Smt. Rajani filed a transfer application (Civil) No. 3 of 2023 before the Allahabad High Court seeking to transfer the suit. The applicant failed to appear before the court and did not prosecute the application. The court observed that there was no appearance to press the application. Consequently, the transfer application was dismissed for want of prosecution. The interim order, if any, that had been passed earlier was vacated.

Issues considered

  • Whether a transfer application can proceed in the absence of the applicant's appearance and prosecution

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  TRANSFER APPLICATION (CIVIL) No. - 3 of 2023

                                    Smt. Rajani
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Ashish Kumar @ Abhishek
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Hasim Khan, Manvendra                Kumar,
                                                                    Pradeep Kumar
                                    Counsel for Opposite Party(s) : Pradip Kumar Srivastava

                                    Court No. - 35
                                            HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.

                                    Case called out in the revised list.

                                    None appears for the applicant to press the application.

                                    The transfer application stands dismissed for want of prosecution.

                                    Interim order, if any, stands vacated.



                                                                             (Dr. Yogendra Kumar Srivastava,J.)
                                    May 6, 2026
                                    Imroz




Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad


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