Allahabad High Court
PRABHUNATH TIWARI AND 2 OTHERSversusJADUNANDAN(SINCE DECEASED) AND 22 OTHERS
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application is dismissed for want of prosecution.
Summary
The applicants, Prabhunath Tiwari and two others, filed a transfer application (Civil) No. 905 of 2023 before the Allahabad High Court seeking to transfer the suit. The counsel for the applicants, Hari Narayan Singh, did not appear before the court. The opposite parties, represented by Amar Nath Tiwari and Rakesh Kumar Upadhyay, were present. The court observed that there was no prosecution of the application by the applicants. Consequently, the transfer application was dismissed for want of prosecution, and any interim order that may have been passed was vacated.
Issues considered
- What is the appropriate disposition of a transfer application when the applicant fails to prosecute it?
Subjects
- transfer of suit
- procedural law
- want of prosecution
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 905 of 2023
Prabhunath Tiwari And 2 Others
.....Applicant(s)
Versus
Jadunandan(Since Deceased) And 22 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Hari Narayan Singh
Counsel for Opposite Party(s) : Amar Nath Tiwari, Rakesh Kumar
Upadhyay
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Case called out in the revised list.
None appears for the applicants to press the application.
Sri Amar Nath Tiwari, learned counsel for the opposite parties is present.
Transfer application is, accordingly, dismissed for want of prosecution.
Interim order, if any, stands vacated.
(Dr. Yogendra Kumar Srivastava,J.)
April 30, 2026
RKK/-
Digitally signed by :-
RAJ KUMAR KANNAUJIA
High Court of Judicature at Allahabad
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