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High Court Delivers Masterclass in Judicial Decorum Amid Land Row Delay
In a pointed reminder to trial courts, the
has declared that
"propriety of a judicial conduct and temper in addressing itself with the learned Bar is a non-negotiable aspect of judicial grace."
Justice Rahul Bharti, delivering the order in
, urged moderation in tone, particularly toward senior advocates, while streamlining a stalled civil suit over disputed land.
From Village Land Clash to High Court Scrutiny
The dispute traces back to , when petitioners Sanjay Kumar and another filed a civil suit in the , seeking declaration and relief over 4.10 kanals of land in Khasra No. 213 min, Khewat No. 281 min, Khata No. 913 at Village Kundrorian, Tehsil Katra, District Reasi. An was swiftly granted that day.
Respondents appeared, filed , and opposed the application (File No. 5/Civil/Misc. of 2023). Nearly three years later, it remained undecided. Petitioners then sought leave under to file a (IA/1/Misc.), with both applications pending arguments.
Tensions peaked on , when the Munsiff closed petitioners' right to argue the application, citing procedural lapses after the counsel's brief delay. This prompted the petitioners' urgency under , challenging the order as unfair.
Counsel's Plea: A Tale of Missed Court Hours
Represented by outstation advocate , petitioners argued the trial court's order overlooked context. On —when the Presiding Officer was on leave—the case was simply adjourned to April 4 without specifying next steps. Petitioners' counsel claimed presence at 10:00 AM and 2:00 PM that day, but the court, exhausting proceedings by 1:00 PM (well before the 4:30 PM close), proceeded without him.
No detailed counter from respondents appears in the record, but the High Court focused on procedural fairness over confrontation.
Peeling Back the Procedural Layers
Justice Bharti scrutinized the trial orders "between the lines." He noted the March 28 adjournment lacked direction, making the April 4 rebuke "misplaced" despite good intentions to inject urgency. Dismissing claims of deliberate avoidance, the judge highlighted the advocate's seniority and travel burdens, calling the closure a "wastage of time."
No precedents were cited, but the ruling reinforces under Article 227 to prevent abuse in civil proceedings, distinguishing between urgency and overzealousness.
Echoes from the Bench: Unforgettable Admonitions
Key Observations from the judgment:
"Prior to , the case was posted on ... the matter was simply put up for without stating as to on said next date what proceedings are supposed to take place... observations... bit misplaced."
"Mr. G. S. Thakur... had presented himself... at 10:00 am... and 2:00 pm... but by that time the Presiding Officer... had made up its mind... that has just led to wastage of time."
"This Court would humbly remind the Presiding Officer... proprietary of a judicial conduct and temper... is a non-negotiable aspect of judicial grace, particularly when seniority bearing Advocates... a court is supposed to moderate its tone and tenor."
These remarks, echoed in legal circles as reported in judicial updates, underscore expected courtroom etiquette.
Clear Directives with Built-in Flexibility
The High Court disposed of the petition decisively:
"This Court disposes of this petition with a direction unto the to first take up the application for ... and dispose of said application by or before . Only after disposal... the application... under Order VIII Rule 9... be taken up... by or before ."
Interim dates allow argument closures for non-appearance, with medical adjournments extending timelines at discretion. A copy goes to the Munsiff for compliance.
Broader Ripples for Trial Courts and Litigants
This ruling streamlines the suit, prioritizing the long-pending injunction before —logical, as pleadings must precede. Practically, it cautions against premature procedural closures, especially for traveling counsel, and elevates discourse standards. Future cases may cite it for balanced urgency, fostering smoother civil litigation while upholding bar-court mutual respect.
