Allahabad High Court
Subash @ Suvash AND ANOTHERversusSmt Seema Pathak and 10 others
- Decided
- Bench
- Y K SRIVASTAVA
Holding
A transfer application that is not prosecuted and for which no party appears is dismissed, and any interim order previously granted is vacated.
Summary
The applicants, Subash @ Suvash and another, filed a transfer application in the High Court of Judicature at Allahabad seeking to transfer the suit against Smt. Seema Pathak and ten others. The application was to be pressed by counsel Akhilendra Singh, Prabhat Kumar Singh and Shyam Singh. No counsel appeared on behalf of the applicants to prosecute the transfer application. The Court dismissed the transfer application for want of prosecution. Consequently, any interim order that had been granted earlier was vacated.
Issues considered
- Whether a transfer application can be entertained when no party appears to prosecute it
- Whether an interim order previously granted should remain in force after dismissal of the transfer application
Subjects
- transfer of suit
- procedural default
- want of prosecution
- interim order
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 395 of 2024
Subash @ Suvash And Another
.....Applicant(s)
Versus
Smt Seema Pathak And 10 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilendra Singh, Prabhat Kumar
Singh, Shyam Singh
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.)
May 5, 2026
Arun K. Singh
Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad
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