Allahabad High Court
Smt. Shahina (wrongly mentioned as Shaiyna in the suit)versusMOHD. ALSAMAD S/O NIZAMUDDI
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application is dismissed for want of prosecution.
Summary
The applicant, Smt. Shahina, filed a transfer application (Civil) No. 961 of 2023 in the Allahabad High Court seeking to transfer the suit. The application was listed before Hon'ble Justice Yogendra Kumar Srivastava. No counsel or party appeared on behalf of the applicant to argue or prosecute the application. Consequently, the court dismissed the transfer application for want of prosecution. The interim order that had been granted earlier was vacated. The judgment was delivered on May 6, 2026.
Issues considered
- Whether a transfer application can proceed in the absence of any party appearing to prosecute it
Subjects
- transfer of suit
- procedural law
- want of prosecution
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 961 of 2023
Smt. Shahina (Wrongly Mentioned As Shaiyna In
The Suit) .....Applicant(s)
Versus
Mohd. Alsamad S/O Nizamuddi
.....Opposite
Party(s)
Counsel for Applicant(s) : Pramod Shukla
Counsel for Opposite Party(s) : Mohammad Firoz Khan
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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