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Allahabad High Court

SMT. PRIYANKA KUMARIversusAMIT KUMAR

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

Smt. Priyanka Kumari filed a transfer application before the Allahabad High Court seeking to move the pending suit to another court. The applicant was represented by counsel Raghvendra Singh, while the opposite party, Amit Kumar, was represented by Hare Krishna Tripathi. No appearance was made by the applicant to press the application, and the matter was listed but remained unattended. The Court observed that the applicant had failed to prosecute the application. Consequently, the transfer application was dismissed for want of prosecution. The interim order, if any, that had been passed earlier was vacated.

Issues considered

  • What is the appropriate consequence when a transfer application is not prosecuted by the applicant?

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 720 of 2024

                                    Smt. Priyanka Kumari
                                                                                                    .....Applicant(s)
                                                                           Versus

                                    Amit Kumar
                                                                                                        .....Opposite
                                                                                                              Party(s)

                                    Counsel for Applicant(s)                        :   Raghvendra Singh
                                    Counsel for Opposite Party(s)                   :   Hare Krishna Tripathi

                                    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 6, 2026
                                    RKK/-




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

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