Allahabad High Court
SMT. MANDAVI BAJPEYIversusMANISH KUMAR DEEXIT
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application is dismissed for want of prosecution.
Summary
The applicant, Smt. Mandavi Bajpeyi, filed a transfer application (Civil) No. 866 of 2022 before the Allahabad High Court. Counsel for the applicant was listed but no representative appeared to press the application on the hearing date. The opposite party, Manish Kumar Deexit, was represented by counsel Devendra Kumar Tiwari. The court observed that the transfer application was not prosecuted due to the applicant's non‑appearance. Consequently, the court dismissed the transfer application for want of prosecution and vacated any interim order that might have been in force. The order was pronounced on 2 December 2023.
Issues considered
- What is the appropriate course of action when a transfer application is not prosecuted due to the applicant's non‑appearance?
Subjects
- transfer of suit
- civil procedure
- want of prosecution
- interim order vacated
- non‑appearance
Judgment
Neutral Citation No. - 2023:AHC:228848
Court No. - 2
Case :- TRANSFER APPLICATION (CIVIL) No. - 866 of 2022
Applicant :- Smt. Mandavi Bajpeyi
Opposite Party :- Manish Kumar Deexit
Counsel for Applicant :- Satya Prakash Rathor,Ashish
Pandey,Chandra Kant Tripathi
Counsel for Opposite Party :- Devendra Kumar Tiwari
Hon'ble Saral Srivastava,J.
List has been revised. No one is present on behalf of the applicant
to press the transfer application. However, learned counsel for the
opposite party is present.
The transfer application is dismissed for want of prosecution.
Interim order, if any, stands vacated.
Order Date :- 2.12.2023
Sattyarth
Digitally signed by :-
SATTYARTH ANAND
High Court of Judicature at Allahabad
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