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Allahabad High Court

SMT NEELAMversusVISHAL BHARTI

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

The applicant, Smt Neelam, filed a transfer application (Civil No. 42 of 2024) seeking to move the suit to another court. The opposite party, Vishal Bharti, was served with notice of the application. No counsel appeared on behalf of the applicant to pursue the transfer request. The High Court observed that the application was not prosecuted. Consequently, the Court dismissed the transfer application for want of prosecution and vacated any interim order that might have been granted earlier.

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. - 42 of 2024

                                    Smt Neelam
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Vishal Bharti
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Krishna Kumar Dwivedi, Vinod Kumar
                                                                    Pandey
                                    Counsel for Opposite Party(s) : Mohd. Aslam

                                    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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