Allahabad High Court
SMT. AYUSHI SRIVASTAVAversusVIKAS KUMAR
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application is dismissed for want of prosecution.
Summary
The applicant, Smt. Ayushi Srivastava, filed a transfer application (Civil) No. 438 of 2022 before the Allahabad High Court seeking transfer of the suit. The counsel for the applicant were Prashant Kumar Singh, Santosh Kumar Nigam and Satyawan Shahi. The opposite party, Vikas Kumar, was represented by Chandra Bhan Gupta and Rohit Kumar Singh. No appearance was made by the applicant to press the application, and consequently the Court found the application to be unprosecuted. The Court dismissed the transfer application for want of prosecution and vacated any interim order that might have been in force. The order was pronounced by Hon'ble Dr. Yogendra Kumar Srivastava on May 6, 2026.
Issues considered
- What is the appropriate disposition of a transfer application when the applicant fails to appear for prosecution?
Subjects
- transfer of suit
- want of prosecution
- application dismissed
- interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 438 of 2022
Smt. Ayushi Srivastava
.....Applicant(s)
Versus
Vikas Kumar
.....Opposite
Party(s)
Counsel for Applicant(s) : Prashant Kumar Singh, Santosh Kumar
Nigam, Satyawan Shahi
Counsel for Opposite Party(s) : Chandra Bhan Gupta, Rohit 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.
The transfer application stands dismissed for want of prosecution.
Interim order, if any, stands vacated.
(Dr. Yogendra Kumar Srivastava,J.)
May 6, 2026
Imroz
Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad
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