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Allahabad High Court

SMT.SHIPRA VERMAversusRISHABH SINGH

Decided

Holding

A transfer application that is not prosecuted must be dismissed, and any interim order previously granted is vacated.

Summary

The applicant, Smt. Shipra Verma, filed a transfer application (Civil) No. 958 of 2023 before the Allahabad High Court seeking to transfer the suit to another court. No counsel appeared on behalf of the applicant to press the application. The respondent, Rishabh Singh, was represented by counsel. The Court observed that the application was not prosecuted and therefore could not be entertained. Consequently, the transfer application was dismissed for want of prosecution. The interim order that had been granted earlier was vacated.

Issues considered

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

Subjects

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 958 of 2023

                                    Smt.Shipra Verma
                                                                                                  .....Applicant(s)
                                                                           Versus

                                    Rishabh Singh
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                        :   Sushil Kumar Dubey
                                    Counsel for Opposite Party(s)                   :   Mahmudul Hasan

                                    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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