Allahabad High Court
SMT. MEGHAversusAKSHAY KUMAR
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application is dismissed for want of prosecution.
Summary
Smt. Megha filed a transfer application (Civil) No. 40 of 2025 seeking to move the suit to another court. No counsel appeared on her behalf to pursue the application. The court noted the lack of prosecution and dismissed the transfer application. Consequently, any interim order previously granted was vacated. The decision underscores the necessity of active prosecution for procedural applications.
Issues considered
- What is the effect of non‑prosecution of a transfer application on its viability?
Subjects
- transfer of suit
- civil procedure
- want of prosecution
- interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 40 of 2025
Smt. Megha
.....Applicant(s)
Versus
Akshay Kumar
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Mishra, Mintu Kumar
Counsel for Opposite Party(s) : Manoj Kumar 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 5, 2026
Arun K. Singh
Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad
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