Allahabad High Court
SMT. SULEKHA @ SUREKHAversusRAKESH KUMAR CHATURVEDI
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application is dismissed for want of prosecution.
Summary
The petitioner, Smt. Sulekha @ Surekha, filed a transfer application (Civil) No. 846 of 2023 before the Allahabad High Court. No counsel appeared on behalf of the petitioner to press the application, while counsel for the opposite party, Mr. Chandra Prakash Kushwaha, was present. The court noted the lack of prosecution by the petitioner and consequently dismissed the transfer application. The interim order that had been granted earlier was vacated. The judgment was delivered by Justice Dr. Yogendra Kumar Srivastava on 5 May 2026.
Issues considered
- Whether a transfer application can proceed when the applicant fails to appear or prosecute the application?
Subjects
- transfer of suit
- want of prosecution
- interim order vacated
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 846 of 2023
Smt. Sulekha @ Surekha
.....Applicant(s)
Versus
Rakesh Kumar Chaturvedi
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Prakash Tiwari
Counsel for Opposite Party(s) : Chandra Prakash Kushwaha
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 Chandra Prakash Kushwaha, learned 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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