IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE HIRDESH

th

ON THE 8 OF JANUARY, 2026 MISC. PETITION No. 14 of 2026

MANISH GUPTA

Versus

SMT SAKUNTALA AGRAWAL AND OTHERS

Appearance:

Shri Sanjay Kumar Gupta - Advocate for petitioner.

ORDER which was disposed of on 07.03.2022 by dismissing the revision and affirming the trial Court's order. Thereafter, the respondents filed their written statements, and issues were framed by trial court vide order dated 27.09.2022. The case was fixed for filing a reply to an application under Order 39 Rules 1 & 2 CPC. The petitioner contends that the trial court dismissed this application on 01.08.2019. The learned trial court then fixed the matter for proceeding under Section 89 of the CPC on 11.08.2023, and for recording the petitioner’s evidence on 21.09.2023. On 21.09.2023, the petitioner filed an application under Order 6, Rule 17 CPC for amendment in the plaint, to which the respondents failed to file a reply by 16.12.2025. The respondents continued to seek adjournments from the trial Court on various pretexts, delaying the case. On 16.12.2025, the respondents again sought time to file a reply, which was granted by the trial Court, and the matter was fixed for 13.01.2026. The petitioner claims that the suit has been pending for six years, and respondents are deliberately delaying the proceedings, causing substantial prejudice to petitioner. The petitioner asserts that this delay in the proceedings is not attributable to him, and despite his diligence in attending the proceedings, the case remains undecided. The petitioner submits that the prolonged delay is causing financial strain, mental stress, and disruption in his personal and professional life, which amounts to irreparable loss and hardship. The petitioner, therefore, prays for expeditious disposal of the suit and seeks directions to learned trial Court to honour its own order dated 07.01.2019, wherein it was observed that the suit should be decided within a period of 24 months, in order to ensure the petitioner’s fundamental right to a speedy trial and justice.

The present Miscellaneous Petition filed under Article 227 of the

Constitution of India seeking expeditious disposal of Civil Suit No.11-A of 2019

pending before the Court of 14th Civil Judge, Senior Division, Gwalior.

2. The petitioner, in this Miscellaneous Petition, seeks a direction from this

Court for the expeditious disposal of pending Civil Suit filed by him for declaration, permanent injunction, and division, against respondents. It is the case of petitioner that a civil suit was filed by him on 03.01.2019 and was registered as Regular Civil Suit (RCS) No.11-A of 2019. The petitioner contends that after filing the suit, notices were issued to the respondents, and they appeared through their counsel in the matter. The learned trial Court, by order dated 07.01.2019, observed that the suit, as per Rule 3 of the M.P. Case Flow Management in the Trial Courts and First Appellate Subordinate Courts (Civil) Rules, 2006, was to be decided within a period of 24 months. Respondents No. 1 to 3 filed an application under Order 7 Rule 11 CPC, which was responded to by the petitioner on 15.04.2019. The trial Court dismissed the application of the respondents on 25.09.2019. Aggrieved, the respondents filed a Civil Revision before this Court,

3. Looking to the nature of case, this Court thinks apposite that it is not necessary to issue notice to respondents.

4. On perusal of order-sheets of learned trial Court, it is found that the delay in the proceedings is not due to any fault of the petitioner and respondents have been deliberately seeking adjournments and delaying the case. The trial court itself had directed the case to be disposed of within 24 months, but that order has not been honoured, leading to unnecessary delay. This Court recognizes petitioner’s concerns about the undue delay and resulting prejudice caused to him. The suit has been pending for over six years and