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Allahabad High Court

SMT. BHARTI @ RADHAversusAMIT KUMAR

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

Smt. Bharti (also known as Radha) filed a transfer application (Civil) No. 746 of 2025 against Amit Kumar in the Allahabad High Court. The application sought to transfer the suit to another court. No counsel or party appeared on behalf of the applicant to pursue the transfer. Consequently, the court dismissed the transfer application for want of prosecution. The earlier interim order, if any, was vacated. The judgment was delivered by Justice Yogendra Kumar Srivastava on May 5, 2026.

Issues considered

  • What is the appropriate course of action when a transfer application is not prosecuted by the applicant?

Subjects

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 746 of 2025

                                    Smt. Bharti @ Radha
                                                                                                .....Applicant(s)
                                                                           Versus

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

                                    Counsel for Applicant(s)            : Mamta Tiwari, Rajesh Yadav
                                    Counsel for Opposite Party(s)       : Anurag Shukla, Tiwari Ajay Kumar

                                    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 5, 2026
                                    Arun K. Singh




Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad


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