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Allahabad High Court

PALLAVI SINGH @ KSHAMA YADAVversusSHRI ABHISHEK KUMAR YADAV

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

The applicant, Pallavi Singh @ Kshama Yadav, filed a transfer application (civil) No. 437 of 2023 before the Allahabad High Court seeking to transfer the suit. No substantive material or pleadings were filed by the applicant to press the application. The opposite party, represented by Gaurav Tripathi and Praveen Kumar Singh, appeared before the court. The bench observed that the applicant had not prosecuted the application. Consequently, the court dismissed the transfer application for want of prosecution and vacated any interim order that might have been in force.

Issues considered

  • What is the appropriate course of action when a transfer application is not prosecuted by the applicant?

Subjects

  • transfer of suit
  • civil procedure
  • want of prosecution
  • dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 437 of 2023

                                    Pallavi Singh @ Kshama Yadav
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Shri Abhishek Kumar Yadav
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Dileep Kumar Singh
                                    Counsel for Opposite Party(s) : Gaurav Tripathi, Praveen Kumar Singh

                                    Court No. - 35
                                            HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.

                                    Case called out in the revised list.

                                    None appears for the applicant to press the application.

                                    Sri Prakhar Mishra, holding brief of Sri Gaurav Tripathi, learned counsel
                                    appearing for the opposite party is present.

                                    Transfer Application is, accordingly, dismissed for want of prosecution.

                                    Interim order, if any, stands vacated.



                                                                             (Dr. Yogendra Kumar Srivastava,J.)
                                    September 18, 2026
                                    RKK/-




Digitally signed by :-
RAJ KUMAR KANNAUJIA
High Court of Judicature at Allahabad


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