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Allahabad High Court

SMT. SWATI BHATTversusAJEET SHARMA

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

Smt. Swati Bhatt filed a transfer application (Civil) No. 628 of 2025 before the Allahabad High Court seeking transfer of the suit. No appearance was made by the applicant to press the application. The learned counsel for the opposite party, Utkarsh Khanna, was present. The Court observed that the application was not prosecuted and therefore dismissed it for want of prosecution. Consequently, any interim order that may have been passed earlier was vacated.

Issues considered

  • What is the appropriate disposition of a transfer application that remains unprosecuted and without the applicant's appearance?

Subjects

  • transfer of suit
  • procedural default
  • want of prosecution
  • Civil Procedure Code
  • interim order vacated

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 628 of 2025

                                    Smt. Swati Bhatt
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Ajeet Sharma
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Manish Mani,           Vishveshwar     Mani
                                                                    Tripathi
                                    Counsel for Opposite Party(s) : Utkarsh Khanna

                                    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.

                                    The transfer application stands dismissed for want of prosecution.

                                    Sri Utkarsh Khanna, learned counsel for the opposite party is present.

                                    Interim order, if any, stands vacated.



                                                                             (Dr. Yogendra Kumar Srivastava,J.)
                                    May 14, 2026
                                    Imroz




Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad


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