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Allahabad High Court

AASTHA SHUKLAversusAKSHAY BHARADWAJ

Decided

Holding

The transfer application was dismissed for want of prosecution, and the earlier interim order was vacated.

Summary

Aastha Shukla filed a transfer application (Civil) No. 831 of 2024 against Akshay Bharadwaj. No counsel appeared on behalf of the applicant to pursue the application, while the opposite party's counsel was present. The Court observed that the application was not prosecuted and therefore dismissed it for want of prosecution. Consequently, any interim order that had been granted earlier was vacated. The dismissal leaves the original suit to continue in the court where it was originally filed.

Issues considered

  • Whether a transfer application can be entertained when the applicant fails to prosecute it?

Subjects

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 831 of 2024

                                    Aastha Shukla
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Akshay Bharadwaj
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Manisha Chaturvedi, Vivek Chaturvedi
                                    Counsel for Opposite Party(s) : Rajesh Kumar Chitragupt

                                    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.

                                    Sri Rajesh Kumar Chitragupt, counsel appearing for the opposite party is
                                    present.

                                    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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