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Allahabad High Court

SMT. KAVITA YADAV ALIAS KAVITA DEVIversusVIKASH YADAV

Decided

Holding

The transfer application was dismissed for want of prosecution.

Summary

Smt. Kavita Yadav filed a transfer application (Civil) No. 675 of 2023 against Vikash Yadav in the Allahabad High Court. No counsel or party appeared on behalf of the applicant to press the application. The Court held that a transfer application must be prosecuted and, in the absence of any representation, it cannot proceed. Consequently, the application was dismissed for want of prosecution. The Court also vacated any interim order that may have been granted earlier.

Issues considered

  • What is the procedural requirement for prosecuting a transfer application before the High Court?

Subjects

  • transfer of suit
  • procedural law
  • want of prosecution
  • dismissal
  • interim order vacated

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 675 of 2023

                                    Smt. Kavita Yadav Alias Kavita Devi
                                                                                                   .....Applicant(s)
                                                                           Versus

                                    Vikash Yadav
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)                :    Saurabh Shukla
                                    Counsel for Opposite Party(s)           :    Sarthak Singh, Vimlesh Kumar

                                    Court No. - 35
                                               HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.

                                    Case called out in the revised list.

                                    No one appeared on behalf of the applicant to press this transfer
                                    application.

                                    The transfer application is dismissed for want of prosecution.

                                    Interim order, if any, granted earlier, stands vacated.



                                                                                (Dr. Yogendra Kumar Srivastava,J.)
                                    May 6, 2026
                                    Arun K. Singh




Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad


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