The Madhya Pradesh High Court at Gwalior has expressed grave dissatisfaction with a trial judge for failing to comply with its directions to conduct an inquiry into the alleged violation of a status quo order. In an order dated February 17, 2026, Justice G.S. Ahluwalia observed that the trial judge had given a “complete go-by” to the instructions of the High Court and directed that the matter be placed before the Chief Justice for potential disciplinary action.
Background of the Case
The case (MCC No. 39 of 2022) was filed under Order 39 Rule 2A of the Code of Civil Procedure (CPC) by Ashok Kumar and others. The applicants alleged that the respondents had defied an interim status quo order dated March 15, 2013, passed by the High Court in Second Appeal (S.A.) No. 106/2013. According to the applicants, the respondents had commenced construction on the disputed property despite the court’s directive to maintain the status quo.
On April 4, 2024, a co-ordinate Bench of the High Court held that the allegations of breach required “enquiry and evidence.” Consequently, the trial court was directed to conduct an inquiry into whether construction had been raised in violation of the 2013 order. The inquiry was mandated to be completed within four months.
Procedural Delays and Trial Court’s Conduct
The judgment highlights a series of delays and failures by the trial court:
- October 8, 2025: The High Court noted that the inquiry report had not been received and directed the trial court to send it immediately.
- November 12, 2025: Upon receiving a request for an extension, the High Court expressed “displeasure over the manner in which the matter is being handled,” noting that more than 18 months had passed without progress.
- January 10, 2026: A final deadline was set for the report.
However, instead of conducting a judicial inquiry as ordered, the trial court submitted a spot inspection report obtained from an Executive Engineer of the Public Works Department (PWD).
Court’s Observations on the Trial Judge’s Actions
The High Court noted that the trial judge failed to record any evidence or hear the parties. Justice Ahluwalia remarked:
“This is a case where the trial Judge has given a complete go-by to the directions given by this Court.”
The court further observed that the trial judge had forwarded the report directly to the High Court, bypassing the Principal District and Sessions Judge, which is contrary to established protocol.
Upon receiving an explanation and an apology from the trial judge, the High Court found them unsatisfactory. The court stated:
“The explanation given by the trial Judge is not satisfactory because he has not assigned any reasons for not recording the evidence of witnesses before submitting the report… the trial Court kept the matter pending for considerably long time.”
The Decision and Directions
Taking a stern view of the “negligent” conduct, the High Court issued the following directions:
- Disciplinary Action: The Office is directed to send the order-sheets, the inquiry report from the Principal District and Sessions Judge, and the trial judge’s explanation to the Registrar General. These are to be placed before the Hon’ble Chief Justice for “necessary information as well as for any disciplinary action, if required against said Officer.”
- Re-assignment of Case: The Principal District and Sessions Judge, Bhind, is directed to assign the inquiry to a different Civil Judge.
- Fresh Inquiry: The new judge must conduct a fresh inquiry within four months, specifically ignoring the previous PWD report as it was conducted in the absence of the parties.
- Personal Appearance: Parties are directed to appear before the Principal District and Sessions Judge, Bhind, on March 17, 2026.
The case is listed for further consideration of the new inquiry report on August 20, 2026.
Case Details
- Case Title: Ashok Kumar and Others vs. Smt. Meera Devi
- Case Number: MCC No. 39 of 2022
- Bench: Justice G.S. Ahluwalia
- Date of Order: 17-02-2026
- Counsel for Applicants: Shri Anand V. Bhardwaj
- Counsel for Respondent: Shri Abhishek Singh Bhadoriya
