Allahabad High Court
SMT. Nusharat AraversusJahangir Ahmad
- Decided
- Bench
- Y K SRIVASTAVA
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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