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Allahabad High Court

SONAM SETHversusKRISHNA BABU@ KISHAN BABU

Decided

Holding

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

Summary

The applicant, Sonam Seth, filed a civil transfer application (No. 856 of 2023) before the Allahabad High Court seeking to transfer the suit. No counsel appeared on behalf of the applicant to prosecute the application. Consequently, the Court dismissed the transfer application for want of prosecution. The Court also vacated any interim order that had been previously granted in the matter. The dismissal was recorded by Justice Yogendra Kumar Srivastava on 23 April 2026.

Issues considered

  • Whether the transfer application should proceed in the absence of any appearance by the applicant
  • Whether the previously granted interim order should be vacated upon dismissal of the transfer application

Subjects

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 856 of 2023

                                    Sonam Seth
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Krishna Babu@ Kishan Babu
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)      : Ashutosh Kumar, Vaishali Sahu
                                    Counsel for Opposite Party(s) : Anurag Yadav, Manoj Yadav, Rahul
                                                                    Yadav

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

                                    Case called out in the revised list.

                                    No one appeared on behalf of the 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.)
                                    April 23, 2026
                                    Arun K. Singh




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

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