Allahabad High Court
SMT. RAKHI MATHURversusSUMIT KUMAR SAXENA
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application is dismissed for want of prosecution.
Summary
Smt. Rakhi Mathur filed a transfer application (Civil) No. 485 of 2025 seeking to transfer the suit against Sumit Kumar Saxena. No counsel appeared on behalf of the applicant to press the application. The High Court observed that the application was not prosecuted and consequently dismissed it for want of prosecution. The Court also vacated any interim order that had been granted earlier in the proceedings. The dismissal leaves the original suit to continue in the court where it was originally filed.
Issues considered
- Whether a transfer application can proceed in the absence of any party appearing to prosecute it
- Whether an interim order previously granted in the suit should remain in force after dismissal of the transfer application
Subjects
- transfer of suit
- want of prosecution
- interim order vacated
- civil procedure
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 485 of 2025
Smt. Rakhi Mathur
.....Applicant(s)
Versus
Sumit Kumar Saxena
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohak Anand, Pankaj Kumar Mishra,
Saurabh Mishra
Counsel for Opposite Party(s) : Pradeep Kumar
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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