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Allahabad High Court

SMT. SOOFIA SULTANAversusSHRI KRISHNA AND 3 OTHER

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

The applicant, Smt. Soofia Sultana, filed a transfer application (Civil) No. 730 of 2025 before the Allahabad High Court seeking to transfer the suit. The counsel for the applicant was Manu Saxena, while no counsel appeared for the opposite parties. No appearance was made by the applicant to press the application, resulting in a lack of prosecution. The Court examined whether the transfer could be ordered in the absence of any prosecution. Finding that the application was not pursued, the Court dismissed the transfer application for want of prosecution. Consequently, any interim order that had been passed earlier was vacated.

Issues considered

  • Whether the transfer application should be entertained despite the applicant's failure to prosecute the application

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 730 of 2025

                                    Smt. Soofia Sultana
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Shri Krishna And 3 Other
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                           :   Manu Saxena
                                    Counsel for Opposite Party(s)                      :

                                    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.)
                                    April 23, 2026
                                    RKK/-




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

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