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Allahabad High Court

DR. Neel Kamal SharmaversusDr. Vijay lakshmi Sharma

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

Dr. Neel Kamal Sharma filed a transfer application in the Allahabad High Court seeking to move the suit to another court. No counsel appeared on behalf of the applicant to press the application, and there was no representation from the opposite party. The court noted the lack of prosecution of the transfer 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 by Justice Yogendra Kumar Srivastava on May 6, 2026.

Issues considered

  • Whether a transfer application can be dismissed for want of prosecution

Subjects

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 973 of 2023

                                    Dr. Neel Kamal Sharma
                                                                                                  .....Applicant(s)
                                                                           Versus

                                    Dr. Vijay Lakshmi Sharma
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                        :   V.P. Singh Kashyap
                                    Counsel for Opposite Party(s)                   :


                                    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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