Allahabad High Court

SMT NEETU DEVIversusNEERAJ

Decided: 6 May 2026
Bench: Y K SRIVASTAVA

Holding

The transfer application is dismissed as withdrawn.

Summary

The applicant, Smt Neetu Devi, had filed a transfer application (Civil) No. 808 of 2024 in the Allahabad High Court seeking to transfer the suit to another court. Subsequent developments led the applicant to decide not to pursue the transfer and she moved the court to dismiss the application as withdrawn. The respondent, Neeraj, through counsel, expressed no objection to the withdrawal. The court considered whether a transfer application could be withdrawn at the applicant's request and found no impediment to allowing the withdrawal. Consequently, the court dismissed the transfer application as withdrawn, effectively closing the matter.

Issues considered

Whether a transfer application filed under the Civil Procedure Code can be withdrawn by the applicant after filing
Whether the court must entertain a request to dismiss the transfer application as withdrawn

Subjects

transfer of suit
withdrawal of application
Civil Procedure Code
procedural dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 808 of 2024

                                    Smt Neetu Devi
                                                                                             .....Applicant(s)
                                                                     Versus

                                    Neeraj
                                                                                                 .....Opposite
                                                                                                       Party(s)

                                    Counsel for Applicant(s)          :    Ashish Jaiswal
                                    Counsel for Opposite Party(s)     :    Vijay Prakash Singh Kushwaha

                                    Court No. - 35
                                             HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.

                                    Ms. Pragati Bhardwaj, learned Advocate holding brief of Sri Ashish
                                    Jaiswal, learned counsel for the applicant states that in view of the
                                    subsequent developments, the applicant does not wish to pursue the
                                    transfer application any further and prays that the same may be dismissed
                                    as withdrawn.

                                    Sri Vijay Prakash Singh Kushwaha, learned counsel appear for the
                                    opposite party states that he has no objection.

                                    The transfer application stands dismissed as withdrawn, accordingly.



                                                                          (Dr. Yogendra Kumar Srivastava,J.)
                                    May 7, 2026
                                    Neetu




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

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