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Allahabad High Court

SMT. Nusharat AraversusJahangir Ahmad

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

Smt. Nusharat Ara filed a transfer application (Civil) No. 737 of 2023 against Jahangir Ahmad in the Allahabad High Court. No counsel or party appeared to argue the application, resulting in a lack of prosecution. The Court, presided by Justice Yogendra Kumar Srivastava, dismissed the transfer application for want of prosecution. Consequently, any interim order previously granted in the matter was vacated. The dismissal reflects the procedural requirement that an application must be actively pursued to be entertained.

Issues considered

  • Whether a transfer application can proceed in the absence of any party appearing to prosecute it
  • Whether the dismissal of the application for want of prosecution is appropriate

Subjects

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 737 of 2023

                                    Smt. Nusharat Ara
                                                                                                 .....Applicant(s)
                                                                           Versus

                                    Jahangir Ahmad
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                        :   Irfan Ahmad Malik
                                    Counsel for Opposite Party(s)                   :


                                    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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