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Allahabad High Court

SMT. DIKSHA CHAUHANversusVIKAL KUMAR

Decided

Holding

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

Summary

Smt. Diksha Chauhan filed a transfer application (Civil) No. 894 of 2022 before the Allahabad High Court seeking to transfer the suit. No counsel appeared on behalf of the applicant to press the application. Consequently, the Court dismissed the transfer application for want of prosecution. The Court also vacated any interim order that may have been passed earlier. The judgment was delivered by Hon'ble Dr. Yogendra Kumar Srivastava on May 5, 2026.

Issues considered

  • What is the appropriate disposition of a transfer application when the applicant fails to appear or prosecute the application?
  • Whether any interim order previously granted should remain in force when the transfer application is dismissed.

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 894 of 2022

                                    Smt. Diksha Chauhan
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Vikal Kumar
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Gajendra Singh, Himanshu Mishra,
                                                                    Pankaj Dwivedi, Shivam Pandey
                                    Counsel for Opposite Party(s) : Ramesh Kumar Singh, Rudra Pratap
                                                                    Singh

                                    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.

                                    The transfer application stands dismissed for want of prosecution.

                                    Interim order, if any, stands vacated.



                                                                             (Dr. Yogendra Kumar Srivastava,J.)
                                    May 5, 2026
                                    Imroz




Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad


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