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Judgment
15 paragraphs · 718 wordsThis Court had passed a detailed order on 04.05.2026, which is reproduced as below:-
"It is submitted by counsel for the appellants that petition was filed against a show-cause notice under the provision of section 248 of M.P.Land Revenue Code.
A suit was preferred by the respondent/writ petitioner. He submitted that temporary injunction was granted by the Civil Court in his favour on 16.10.2024. An appeal was preferred by the appellants herein. The appellate court by order dated 10.10.2025 stipulated that injunction order shall be effective for a period of six months or till decision of trial court whichever is earlier. The period of six months has come to an end. In the meantime, the order dated 10.10.2025 was challenged by the appellants before this Court in M.P. No. 6695/2025 wherein by order dated 3.12.2025 it was directed that further proceedings pending before the trial court shall remain stayed till final disposal of the petition. The petitioner approached the trial court along with an application for temporary injunction but the same has been declined to be considered by the trial court in view of the order passed in M.P.No. 6695/2025.
It appears that writ petitioner filed a writ petition seeking a direction to the trial court to consider his application for extension of interim order. Learned Single Judge extended the injunction with a direction to the trial court to pass an order on the said application. In the meantime, petitioner shall also file his reply to the show-cause notice dated 11.04.2026 within a period of 15 days. It is further directed by the Single Judge that if the application is rejected by the trial court, then the reply along with relevant documents to be filed by the petitioner to the impugned show-cause notice dated 11.04.2026 shall be considered in proper perspective and he shall be afforded due opportunity of hearing and thereafter a reasoned and speaking order shall be passed. It was also directed that for a period of 10 days, no coercive action shall be taken against the petitioner.
It is argued by counsel for appellants that said period of 10 days will come to an end by 10.05.2026.
Counsel for appellants argued that learned Single Judge had entertained the petition against a show-cause notice under section 248 of MPLRC and so far the order of trial court on temporary injunction is concerned, the said order was already stayed in M.P.No.6695/2025. Thereafter there was no occasion for the learned Single Judge to pass such interim order.
Since there is no representation on behalf of respondent/writ petitioner, list the matter on 6.05.2026.
Office is directed to reflect the name of Shri Vinay Gandhi, Adv. in the causelist.
Till then, the trial court shall not pass any order as directed by the Single Judge and status quo as it exists today shall be maintained by the parties.
C.c. as per rules."
Today, learned counsel for the appellants informed that at 11:30 am they had informed the Court which was hearing the application for extension of temporary injunction about the fact that writ appeal is already listed before the Division Bench which is likely to be heard on the same date and requested for deferring the order till the matter is heard by the Division Bench. It is informed that despite communication of the said fact to the law officer of Ujjain Development Authority, the trial Court passed the order on 04.05.2026 extending the injunction for a period of six months.
Learned counsel for the respondents submitted that the said order was already passed by the trial Court prior to the passing of the order by this Court and certified copy was also received.
Considering the aforesaid statements, we direct the counsel for the appellant to file an affidavit of the law officer to the affect that the fact of filing of present writ appeal and hearing of the writ appeal on the same day i.e 04.05.2026 by this Division Bench was informed to the trial Court. List the matter on 13.05.2026.
As an interim measure, we direct that the order dated 04.05.2026 passed by the trial Court extending the order of injunction be stayed and status quo as it exists today shall be maintained by the parties as directed by this Court on 04.05.2026.
Certified copy as per Rules.
