"Attend On Priority Basis": MP High Court Transfers 17-Year-Old Civil Suit, Sets 90-Day Deadline For Disposal

The Madhya Pradesh High Court at Indore has ordered that a civil suit pending since 2009 be transferred out of the two district courts it has moved between for years, directing the new court to decide it within 90 days. Justice Sandeep N. Bhatt passed the order on August 20 while disposing of a writ petition filed by the Ayodhyapuri Rahwasi Kalyan Samiti, through its secretary M.K. Singh, against the State of Madhya Pradesh and others.

The petition arose out of Civil Suit, originally instituted in 2009 and renumbered in 2016. Calling for the trial court record, the High Court had earlier, on August 19, asked for the suit file to be produced before it. On perusing it, the Court found that the matter had already been heard "to some extent" by a judge who had recorded arguments while sitting in Court No. 31. That judge is now in charge of Court No. 22, and in the meantime, an administrative order had shifted the suit further, to the Court of the 32nd Additional District Judge, Indore, where it was pending when the writ petition was filed.

Shri Abhinav Dhanodkar appeared for the petitioner, while Senior Advocate Vishal Baheti, assisted by Yogesh Hemnani, represented respondent no. 3, Simplex Investment and Mega Finance Pvt. Ltd. Government Advocate Arnik Jain appeared for the State, and Vivek Yadav appeared for respondent no. 4, Devi Ahilya Shramik Kamgat Sahakari Sanstha Maryadit.

The Court noted that the suit had been pending since 2009 and needed to be "attended on priority basis," with parties having already advanced arguments, the matter kept for further arguments, and written submissions filed. It observed that ordinarily, the ideal course would be to send the matter back to the presiding officer who had heard it in detail earlier. However, taking into account "the totality of facts and circumstances and more particularly apprehension shown by the parties," the Court held that in the larger interest of justice, it would be proper to keep the suit away from both the 31st and 32nd Additional District Courts, and to send it to any other court instead.

Accordingly, the Court transferred the suit to the Court of the 26th Additional District Judge, Dr Shubhra Singh, Indore. It recorded that counsel for all parties had assured the Court they would cooperate in the hearing and not seek unnecessary adjournments, since the matter was now required to be argued finally. In view of this, the Court directed that "the concerned Judge where matter is now transferred shall give priority to this matter by hearing the arguments of the parties if required on day to day basis or by giving short adjournment if in case of need," and dispose of the proceedings "as expeditiously as possible but not later than 90 days from the date of receipt of copy of this order."

The Court also made clear that the parties remain duty bound by the assurance given through their counsel that they would cooperate and not seek needless adjournments once the matter reaches the new court. In view of this order, other pending applications seeking transfer of the suit under Section 24 of the Code of Civil Procedure were held to require no separate consideration going forward. Counsel for respondent no. 4 also informed the Court that he would not press the transfer application filed on that party's behalf.

With these directions, the writ petition was disposed of. The Court further directed the Registry to send the trial court record back to the District Court concerned through a messenger by the following day, so that proceedings before the newly designated court could resume without any avoidable delay.

Case Title: Ayodhyapuri Rahwasi Kalyan Samiti Through its Secretary Mr. M.K. Singh vs. The State of Madhya Pradesh Through Collector Indore and Others

Date of Order: August 20, 2026

Bench: Justice Sandeep N. Bhatt