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Allahabad High Court

SMT.ANJALI @ GODIYAversusCHETAN SINGH @ RAHUL KUMAR

Decided

Holding

A transfer application that is not prosecuted is dismissed, and any interim order previously granted stands vacated.

Summary

The applicant, Smt. Anjali @ Godiya, filed Transfer Application No. 459 of 2023 before the Allahabad High Court seeking transfer of the suit. No counsel appeared on behalf of the applicant to press the application. The court observed that the application was not prosecuted. Consequently, the transfer application was dismissed for want of prosecution. The interim order that had been granted earlier in the proceedings was vacated. The judgment was delivered by Hon'ble Dr. Yogendra Kumar Srivastava on May 6, 2026.

Issues considered

  • Whether a transfer application can be entertained and decided when it is not prosecuted before the court

Subjects

  • transfer application
  • want of prosecution
  • interim order vacated
  • Civil Procedure Code
  • high court

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 459 of 2023

                                    Smt.Anjali @ Godiya
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Chetan Singh @ Rahul Kumar
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Abhinav Singh, Manoj Kumar Mishra
                                    Counsel for Opposite Party(s) : Jagdish Prasad Mishra

                                    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 6, 2026
                                    Arun K. Singh




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

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