Created by Fuzzy Cloud

Allahabad High Court

SMT. KANIKA GUPTAversusBAL KRISHNA GUPTA

Decided

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.