Court Stresses Importance of Judicial Conduct and Timely Resolution of Temporary Injunction and Replica Applications
In a significant directive, the Jammu and Kashmir High Court has ordered the Munsiff Court in Katra to prioritize the adjudication of a long-pending temporary injunction application in a civil suit filed by petitioners Sanjay Kumar and another against respondents Mohan Singh and another. The High Court emphasized the necessity of judicial grace and propriety in addressing senior advocates, highlighting the importance of maintaining an equipoised judicial temperament.
The civil suit, initiated on August 14, 2023, by the petitioners, involves a declaration with consequential relief concerning land measuring 4.10 kanals in Khasra No. 213 min, Khewat No. 281 min, and Khata No. 913 located in village Kundrorian, Tehsil Katra, District Reasi. An ex-parte ad interim status quo order was issued by the Munsiff Court regarding the land in question.
Despite the respondents' appearance and submission of written statements and replies to the temporary injunction application, the adjudication of this application has been pending since its filing. Additionally, an application under Order VIII Rule 9 of the Code of Civil Procedure, 1908, for filing a replica to the respondents' written statements, has been concurrently awaiting disposal.
The High Court, presided over by Justice Rahul Bharti, heard the petition under Article 227 of the Constitution of India, filed by the petitioners challenging an order dated April 4, 2026, from the Munsiff Court. The contested order reportedly curtailed the petitioners' right to advance arguments in the application under Order VIII Rule 9, prompting them to seek intervention from the High Court.
Justice Bharti, upon reviewing the sequence of events, noted the over-seriousness of the Presiding Officer of the Munsiff Court and pointed out the misplaced urgency injected into the proceedings. The High Court expressed concern over the Presiding Officer’s exhaustion at 1:00 pm, despite court hours extending until 4:30 pm, which could have allowed the petitioners' counsel, Mr. G. S. Thakur, to present arguments.
In its order, the High Court directed the Munsiff Court to first adjudicate the temporary injunction application based on the original plaint and written statements, setting a deadline for disposal by May 30, 2026. Only after the resolution of the temporary injunction application should the replica application under Order VIII Rule 9 be adjudicated, with a disposal deadline of June 30, 2026.
The High Court further advised the Munsiff Court to schedule intervening dates for arguments and exercise discretion in case of avoidance by either party's counsel. It allowed for extensions of the timeline in cases of medical adjournments.
Importantly, the High Court reminded the Presiding Officer of the Munsiff Court about the non-negotiable aspect of judicial grace in conduct and temper, especially when dealing with senior advocates. Justice Bharti underscored that the tone and tenor of court orders should reflect an equipoised state of mind, fostering respect for the learned Bar and ensuring responsible representation of litigants.
The High Court's order aims to expedite the resolution of the civil suit and reinforce the standards of judicial conduct in the lower courts. A copy of the order has been forwarded to the Munsiff Court for compliance.
Bottom line:-
Court directed the Munsiff, Katra to prioritize the adjudication of the long-pending temporary injunction application before considering the application for leave to file a replica under Order VIII Rule 9 of the Code of Civil Procedure, 1908, and emphasized the importance of judicial grace and propriety in addressing advocates.
Statutory provision(s) Order VIII Rule 9 of the Code of Civil Procedure, 1908, Article 227 of the Constitution of India
Sanjay Kumar v. Mohan Singh, (Jammu And Kashmir) : Law Finder Doc id # 2888497
