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Allahabad High Court

Smt. Neelam YadavversusHitendra Singh

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

The applicant, Smt. Neelam Yadav, filed a transfer application (Civil) No. 726 of 2023 before the Allahabad High Court seeking to transfer the suit to another court. The application was listed but no counsel appeared on behalf of the applicant to press the matter. The court noted the lack of prosecution and dismissed the transfer application. Consequently, any interim order that may have been granted earlier was vacated. The dismissal was entered on May 6, 2026 by Justice Yogendra Kumar Srivastava.

Issues considered

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

Subjects

  • transfer of suit
  • want of prosecution
  • civil procedure
  • dismissal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 726 of 2023

                                    Smt. Neelam Yadav
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Hitendra Singh
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Javed Husain Khan, Lakshya Jauhari,
                                                                    Pradyumn Kumar
                                    Counsel for Opposite Party(s) : Avaneesh Kumar Upadhyay, Virat
                                                                    Pratap Singh

                                    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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