Allahabad High Court
SAUMYA MISHRAversusVASUDEV SHARMA
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application is dismissed for want of prosecution.
Summary
The applicant, Saumya Mishra, filed a transfer application in the Allahabad High Court seeking to move the suit to another court. No counsel appeared on behalf of the applicant, and the opposite party, represented by Kamal Kumar Singh and Sudhir Kumar Mishra, was present. The court observed that the applicant failed to prosecute the application. Consequently, the judge dismissed the transfer application for want of prosecution. The interim order that had been in force was vacated.
Issues considered
- What is the appropriate course of action when a transfer application is not prosecuted by the applicant?
Subjects
- transfer of suit
- want of prosecution
- civil procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 884 of 2024
Saumya Mishra
.....Applicant(s)
Versus
Vasudev Sharma
.....Opposite
Party(s)
Counsel for Applicant(s) : Subham Singh
Counsel for Opposite Party(s) : Kamal Kumar Singh, Sudhir Kumar
Mishra
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Case called out in the revised list.
None appears for the applicant to press the application.
Sri Dharnidhar Pandey, holding brief of Sri Kamal Kumar Singh, learned
counsel appearing for the opposite party is present.
Transfer Application is, accordingly, dismissed for want of prosecution.
Interim order, if any, stands vacated.
(Dr. Yogendra Kumar Srivastava,J.)
September 11, 2026
RKK/-
Digitally signed by :-
RAJ KUMAR KANNAUJIA
High Court of Judicature at Allahabad
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