Madhya Pradesh High Court recommends enquiry against trial judge for non-compliance with its order

The Madhya Pradesh High Court recently recommended an enquiry against a trial court judge for failure to comply with its order directing an enquiry in a property dispute case [Ashok Kumar and Others v Smt Meera Devi]

In April 2024, the High Court had directed the trial court to conduct an enquiry to find out whether a status quo order had been violated by raising a construction on a disputed property. 

However, after the enquiry report was not received even till November 2025, the High Court asked the Principal District and Sessions Judge at Bhind to seek an explanation from the trial court judge. 

Soon thereafter, the trial court judge obtained a spot inspection report from the Executive Engineer of Public Works Department (PWD) and forwarded the same to the High Court.

In January this year, the High Court found such conduct unacceptable and asked the Principal District and Sessions Judge to probe whether any inquiry was conducted at all. The Principal District and Sessions Judge found that the trial court judge was negligent in discharging his duties.

In an order dated February 17, Justice GS Ahluwalia rejected the explanation given by trial judge Vivek Mal, currently posted as II Additional Judge To I Civil Judge Junior Division.

“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. Although the trial Court might be right in obtaining spot inspection report, but that report should have been considered after recording evidence of witnesses and the trial Court should have come to a conclusion as to whether temporary injunction order was breached by any of the parties or not, but nothing of that sort has been done. Apart from that, the trial Court kept the matter pending for considerably long time,” the High Court said.

Thus, the Court said the trial court’s conduct requires an enquiry.

“Accordingly, Office is directed to send photocopy of all the order-sheets of this Court, copy of enquiry report dated 31/1/2026 submitted by Principal District and Sessions Judge, Bhind, explanation given by concerning Judge on 30/1/2026, as well as, PUD dated 31/10/2025 to the Registrar General of this Court for placing before Hon’ble the Chief Justice for necessary information as well as for any disciplinary action, if required against said Officer or not,” it directed.

The Court also directed that a different civil judge will now conduct the enquiry ordered in April 2024 in the property dispute case.

Advocate Anand V Bhardwaj represented the applicants.

Advocate Abhishek Singh Bhadoriya appeared for the respondents. 

[Read Order]