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Allahabad High Court

SMT. NITISHA BANSALversusDR. RAVI PRAKKASH GAUR

Decided

Holding

The transfer application is dismissed for want of prosecution, and the interim order is vacated.

Summary

Smt. Nitisha Bansal filed a transfer application (Civil) No. 666 of 2025 before the Allahabad High Court seeking to transfer the suit to another court. The applicant failed to appear before the court to press the application. The learned judge observed that there was no prosecution of the application and consequently dismissed it for want of prosecution. The interim order that had been passed earlier was vacated. No substantive merits of the transfer request were considered.

Issues considered

  • What is the effect of non‑prosecution of a transfer application under the Civil Procedure Code?
  • Can an interim order remain in force when the transfer application is dismissed for want of prosecution?

Subjects

  • transfer application
  • civil procedure
  • want of prosecution
  • dismissal
  • interim order vacated

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 666 of 2025

                                    Smt. Nitisha Bansal
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Dr. Ravi Prakkash Gaur
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Mohnish Chandra, Pranvesh, Vineet
                                                                    Pandey
                                    Counsel for Opposite Party(s) : Ashish Pandey, Nikil Pathak

                                    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.)
                                    May 14, 2026
                                    RKK/-




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

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