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Allahabad High Court

MADHURIversusDEEPNARAYAN

Decided

Holding

The transfer application was dismissed for want of prosecution.

Summary

Madhuri filed a transfer application in the Allahabad High Court against Deepnarayan. The applicant's counsel did not appear to pursue the application. The court noted the lack of prosecution and dismissed the transfer application. Consequently, any interim order previously granted was vacated. No substantive merits of the transfer were considered due to procedural default.

Issues considered

  • Whether a transfer application can proceed in the absence of the applicant's representation
  • Whether an interim order granted earlier should remain in force when the transfer application is dismissed

Subjects

  • transfer of suit
  • procedural default
  • want of prosecution
  • interim order vacated
  • civil procedure

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 458 of 2026

                                    Madhuri
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Deepnarayan
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Abhiuday Mehrotra, Ashvanee Kumar
                                                                    Srivastav, Sunil Kumar Pandey
                                    Counsel for Opposite Party(s) : Anugrah Pratap 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.)
                                    September 23, 2026
                                    Arun K. Singh




Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad


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