Allahabad High Court
SMT. KANIKA GUPTAversusBAL KRISHNA GUPTA
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application is dismissed for want of prosecution, and the earlier interim order is vacated.
Summary
The applicant, Smt. Kanika Gupta, filed a transfer application in the Allahabad High Court seeking to move the suit to another court. No counsel appeared on behalf of the applicant to pursue the application. The court noted the lack of prosecution and dismissed the transfer application. Consequently, the interim order that had been granted earlier was vacated. The decision was pronounced by Justice Yogendra Kumar Srivastava on May 5, 2026.
Issues considered
- Whether a transfer application can proceed in the absence of any appearance by the applicant’s counsel.
- Whether the previously granted interim order should remain in force after dismissal of the transfer application.
Subjects
- transfer of suit
- procedural law
- want of prosecution
- interim order vacated
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 331 of 2025
Smt. Kanika Gupta
.....Applicant(s)
Versus
Bal Krishna Gupta
.....Opposite
Party(s)
Counsel for Applicant(s) : Devesh Kumar
Counsel for Opposite Party(s) : Nitin Chandra Mishra
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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