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Allahabad High Court

SMT MOHITAversusYOGENDRA DEV

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

The applicant, Smt Mohita, filed a transfer application in the High Court of Judicature at Allahabad. No counsel appeared on behalf of the applicant to press the application, while the opposite party's counsel, Dr. Kamlesh Kumar, was present. The court noted the absence of the applicant's representation and consequently dismissed the transfer application for want of prosecution. The interim order, if any, was vacated. The judgment was delivered by Justice Yogendra Kumar Srivastava on May 6, 2026.

Issues considered

  • What is the appropriate course of action when a transfer application is not prosecuted by the applicant?

Subjects

  • transfer of suit
  • procedural law
  • want of prosecution
  • dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 949 of 2024

                                    Smt Mohita
                                                                                                  .....Applicant(s)
                                                                           Versus

                                    Yogendra Dev
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                        :   Bhaskar Bhadra
                                    Counsel for Opposite Party(s)                   :   Dr. Kamlesh Kumar

                                    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.

                                    Dr Kamlesh Kumar, learned counsel 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.)
                                    May 6, 2026
                                    RKK/-




Digitally signed by :-
RAJ KUMAR KANNAUJIA
High Court of Judicature at Allahabad


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