Allahabad High Court
SMT. NUSHARAT JAHANversusASHRAF HUSAIN
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application is dismissed for want of prosecution.
Summary
The applicant, Smt. Nusharat Jahan, 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 prosecute the application. Consequently, the court dismissed the transfer application for want of prosecution. The court also vacated any interim order that had been previously granted. The dismissal was pronounced by Justice Yogendra Kumar Srivastava on May 6, 2026.
Issues considered
- Whether a transfer application can proceed in the absence of any appearance by the applicant.
- Whether the interim order previously granted should remain in force.
Subjects
- transfer of suit
- civil procedure
- want of prosecution
- interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 345 of 2023
Smt. Nusharat Jahan
.....Applicant(s)
Versus
Ashraf Husain
.....Opposite
Party(s)
Counsel for Applicant(s) : Dileep Kumar, Ramesh Kumar Sahu
Counsel for Opposite Party(s) : Anita Singh, Girish Pratap Singh
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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