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Allahabad High Court

PRIYANKA GUPTAversusKRISHNA SHAH

Decided

Holding

A transfer application that is not prosecuted by the applicant must be dismissed.

Summary

The applicant, Priyanka Gupta, filed a transfer application (Civil) No. 337 of 2025 seeking to move the suit to another court. No counsel appeared on behalf of the applicant to pursue the application. Consequently, the High Court dismissed the transfer application for want of prosecution. The court also vacated any interim order that had been previously granted. The dismissal leaves the original proceedings unchanged.

Issues considered

  • Whether a transfer application can proceed in the absence of prosecution by the applicant

Subjects

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 337 of 2025

                                    Priyanka Gupta
                                                                                                    .....Applicant(s)
                                                                           Versus

                                    Krishna Shah
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)                        :   Gopal Krishna Pandey
                                    Counsel for Opposite Party(s)                   :


                                    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.)
                                    April 21, 2026
                                    Arun K. Singh




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

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