Allahabad High Court
SMT. SHIVANIversusSURENDRA KUMAR
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application is dismissed for want of prosecution, and the earlier interim order is vacated.
Summary
Shivani filed a civil transfer application (No. 677 of 2023) before the Allahabad High Court seeking to shift the proceedings to another court. No counsel appeared on her behalf to prosecute the application, while the opposite party's counsel, Chandra Prakash Tiwari, was present. The court noted the lack of prosecution and dismissed the transfer application. Consequently, any interim order that had been granted earlier was vacated. The decision reflects the procedural requirement that an application must be actively pursued to be entertained.
Issues considered
- Whether a transfer application can be entertained when the applicant fails to appear or prosecute the matter
- Whether an interim order previously granted should remain in force when the transfer application is dismissed
Subjects
- transfer of suit
- want of prosecution
- interim order vacated
- civil procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 677 of 2023
Smt. Shivani
.....Applicant(s)
Versus
Surendra Kumar
.....Opposite
Party(s)
Counsel for Applicant(s) : Laxmi Narayan Rathour
Counsel for Opposite Party(s) : Chandra Prakash Tiwari
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.
Sri Chandra Prakash Tiwari, counsel appearing for the opposite party is
present.
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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