The State Of Madhya Pradesh vs Mahendra Yadav
2021 Latest Caselaw 6797 MP

1 THE HIGH COURT OF MADHYA PRADESH RP No.624/2021 State of M.P. vs. Mahendra Yadav

Gwalior, Dated:25/10/2021

A PUD dated 6.8.2021 has been received from Principal

District and Sessions Judge, Gwalior along with letter of request

dated 3.8.2021 made by 8th Civil Judge Class-I, Gwalior for

extension of time.

It appears that W.P.No.2269/2016 was filed against the

appeal arising out of the proceedings under Order 39 Rule 1 and 2

of CPC. The said writ petition was finally disposed of by the Co-

ordinate Bench of this Court by order dated 31.10.2019 passed in

W.P.No.2269/2016 with the following observations:

"Consequently, petition stands allowed to the following extent:

(1) The impugned order dated 22.03.2016 passed by the First Appellate Court in MCA No.22/2015 is set aside.

(2) The order of the Trial Court passed on 23.10.2013 by the learned Trial Judge in Civil Suit No.441-A/2013 granting temporary injunction in favour of the plaintiffs stands restored. (3) However, the temporary injunction so granted shall continue to be in operation for six months from today or till the conclusion of the suit in question, whichever is earlier. (4) Before expiry of six months' period, if the suit is not decided then plaintiffs shall be free to 2 THE HIGH COURT OF MADHYA PRADESH RP No.624/2021 State of M.P. vs. Mahendra Yadav

file a fresh application under Order XXXIX Rule 1 and 2 of the CPC which shall be decided on its own merits and the then attending facts and circumstances.

(5) The learned Trial Court is directed to conclude the trial at the earliest, preferably within six months."

It appears that the Trial Court failed to conclude the trial

within a period of six months and, accordingly, a PUD was

received which was registered as R.P.No.1023/2020 and was

decided by order dated 21.10.2020 and the Co-ordinate Bench of

this Court had granted further time of six months to conclude the

proceedings in the civil suit. Now again a further PUD has been

received for extension of time. In the PUD, the details of the steps

taken by the Trial Court has been mentioned. It is also mentioned

that on account of administrative order issued by the Registry of

this Court, the Court below was closed on account of second wave

of Covid-19 pandemic.

Considering the totality of the facts and circumstances of the

case, this Court is of the considered opinion that since the trial has

not come to an end, therefore, this Court is left with no other

option but to extend the period. However, the Trial Court is

reminded of the judgment passed by the Supreme Court in the case 3 THE HIGH COURT OF MADHYA PRADESH RP No.624/2021 State of M.P. vs. Mahendra Yadav

of Ankit Maheshwari @ Chintoo Vs. State of M.P. by order

dated 14/08/2020 passed in SLP (CRL.) No.11315/2019 as well as

the administrative circular issued by the Registry of this Court,

according to which in case if any judicial order has been passed for

early disposal, then the Trial Court is not under an obligation to

stay the proceedings on the basis of any administrative order.

With aforesaid observation, the PUD is allowed. The Trial

Court is directed to conclude the trial positively within a period of

six months from today.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2021.10.26 18:31:32 +05'30'