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Allahabad High Court

VINEETA SRIVASTAVAversusASHUTOSH SRIVASTAVA

Decided

Holding

The transfer application was dismissed for want of prosecution.

Summary

Vineeta Srivastava filed a transfer application in the Allahabad High Court against Ashutosh Srivastava. No counsel appeared on behalf of the applicant to pursue the application. The court noted the lack of prosecution and dismissed the transfer application. Consequently, any interim order previously granted was vacated. The decision reflects the procedural requirement that a party must actively prosecute a transfer application for it to be considered.

Issues considered

  • Whether a transfer application can proceed in the absence of any party appearing to prosecute it

Subjects

  • transfer of suit
  • want of prosecution
  • dismissal
  • interim order vacated
  • procedural law

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 918 of 2023

                                    Vineeta Srivastava
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Ashutosh Srivastava
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Shailja Kant Tripathi, Shashank Singh,
                                                                    Shrey Singh
                                    Counsel for Opposite Party(s) : Akshat Sinha, Sanyukta Singh

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

                                    Case called out in the revised list.

                                    No one appeared on behalf of 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.)
                                    May 6, 2026
                                    Arun K. Singh




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

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