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Allahabad High Court

SMT. LAKSHMI PALversusDURVESH KUMAR

Decided

Holding

The transfer application was dismissed for want of prosecution.

Summary

The applicant, Smt. Lakshmi Pal, filed a transfer application (civil) seeking to move the suit to another court. The respondent, Durvesh Kumar, appeared through counsel. The court observed that the applicant failed to prosecute the application, as no steps were taken to press it forward. Consequently, the judge dismissed the transfer application for want of prosecution. The interim order, if any, was vacated.

Issues considered

  • What is the appropriate course of action when a transfer application is not prosecuted by the applicant?

Subjects

  • transfer of suit
  • want of prosecution
  • civil procedure
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 649 of 2025

                                    Smt. Lakshmi Pal
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Durvesh Kumar
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Aneet Kumar Baghel, Pawan Kumar,
                                                                    Vijay Kumar Kashyap
                                    Counsel for Opposite Party(s) : Anand Pati Tiwari

                                    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 Subham Singh, holding brief of Sri Anand Pati Tiwari, learned
                                    counsel for the respondent is present.

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

                                    Interim order, if any, stands vacated.



                                                                             (Dr. Yogendra Kumar Srivastava,J.)
                                    May 14, 2026
                                    RKK/-




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

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