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Allahabad High Court

SMT. SHWATIversusVIVEK UPADHYAY

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

Smt. Shwati filed a transfer application (Civil) No. 501 of 2026 before the Allahabad High Court seeking to transfer the suit. No appearance was made by the applicant to press the application. The Court observed that there was no prosecution of the application and consequently dismissed it. The interim order that had been passed earlier was vacated. The dismissal was pronounced by Justice Yogendra Kumar Srivastava on 11 September 2026.

Issues considered

  • Whether the transfer application should be entertained in the absence of the applicant’s appearance and prosecution

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 501 of 2026

                                    Smt. Shwati
                                                                                                   .....Applicant(s)
                                                                           Versus

                                    Vivek Upadhyay
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)                        :   Rajesh Dutta Pandey
                                    Counsel for Opposite Party(s)                   :


                                    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.

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

                                    Interim order, if any, stands vacated.




                                                                             (Dr. Yogendra Kumar Srivastava,J.)
                                    September 11, 2026
                                    RKK/-




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

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