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Allahabad High Court

MONIKA SHARMAversusPRAVEEN KUMAR

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

Monika Sharma filed a transfer application (Civil) No. 375 of 2023 in the Allahabad High Court seeking to move the proceedings to another court. No counsel appeared on behalf of the applicant to pursue the application. The court noted the lack of prosecution of the transfer petition. Consequently, the court dismissed the transfer application for want of prosecution. The interim order that had been granted earlier was vacated as a result of the dismissal.

Issues considered

  • Whether the transfer application should be entertained despite the applicant's failure to appear and prosecute the petition

Subjects

  • transfer of suit
  • procedural default
  • vacated interim order
  • civil procedure

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 375 of 2023

                                    Monika Sharma
                                                                                                  .....Applicant(s)
                                                                           Versus

                                    Praveen Kumar
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                        :   Shantanu Bhardwaj
                                    Counsel for Opposite Party(s)                   :   Sandeep Tripathi

                                    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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