Allahabad High Court
RAJANI SRIWASversusRAMESH KUMAR
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application was dismissed for want of prosecution.
Summary
The applicant, Rajani Sriwas, filed a transfer application in the High Court of Judicature at Allahabad. No counsel or party appeared on behalf of the applicant to press the application, while counsel for the opposite party was present. The court examined the lack of prosecution of the application. It held that the application could not proceed without the applicant’s presence and therefore dismissed it. Consequently, any interim order that had been passed was vacated.
Issues considered
- Whether a transfer application can be proceeded with in the absence of the applicant’s appearance?
Subjects
- transfer of suit
- want of prosecution
- dismissal
- interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 621 of 2024
Rajani Sriwas
.....Applicant(s)
Versus
Ramesh Kumar
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Kumar Srivastava, Sanjay
Kumar Srivastava
Counsel for Opposite Party(s) : Syed Mohd. Abbas Ali, Yaheya
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.
Sri Syed Mohd. Abbas Ali, learned counsel for the opposite party is
present.
Transfer application is, accordingly, dismissed for want of prosecution.
Interim order, if any, stands vacated.
(Dr. Yogendra Kumar Srivastava,J.)
May 6, 2026
RKK/-
Digitally signed by :-
RAJ KUMAR KANNAUJIA
High Court of Judicature at Allahabad
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