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Allahabad High Court

PragyaversusGaurav Prakash

Decided

Holding

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

Summary

Pragya filed a transfer application (Civil No. 31 of 2024) seeking to move the pending suit to another court. No counsel appeared on behalf of the applicant to press the application. The High Court observed that the application was not prosecuted and dismissed it for want of prosecution. As a result, any interim order that had been granted earlier was vacated. The dismissal leaves the original suit proceeding in the present court unchanged.

Issues considered

  • Whether a transfer application can proceed in the absence of any party appearing to prosecute it
  • Whether an interim order granted earlier should stand when the transfer application is dismissed

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. - 31 of 2024

                                    Pragya
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Gaurav Prakash
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Anil Kumar Singh, Anil Kumar Singh
                                                                    Bishen
                                    Counsel for Opposite Party(s) : A.K.Umrao

                                    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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