The District Judge, Dhar by the order dated 7.2.2000 admitted the civil appeal filed by the petitioners for final hearing however turned down the prayer for giving a direction to the parties to maintain the status quo. And that order is being assailed by this petition. Shri Kutumble. submitted that when the appeal was admitted for final hearing it indirectly indicated that the District Judge, Dhar formed the opinion that the case of the petitioners was arguable and deserving to be finally decided though it was revolving around the order of temporary injunction which was being assailed by that appeal. Shri Kutumble submitted that when that was so it was totally illegal for the learned Judge to refuse the prayer for status quo by pointing out the only reason that provisions of O. 41 R. 5 CPC were not applicable. Countering to that, Shri M.L. Agrawal, placed reliance on the judgment of this Court, a single bench judgment in the matter of Vasant Diwakar Patrikar & Ors. v. Union of India and Ors., Reported in 1983 JLJ 489 = AIR 1983 MP 129 wherein learned Single Bench of this Court held that the – "The stay order passed by the appellate Court which amounted to the vacation of the order of temporary injunction, was illegal and without jurisdiction in view of O.41 R. 5(1) as there were no proceedings under the order of temporary injunction which could be stayed, nor was there any question of execution which could be stayed." In para 17 of said judgment learned Single Bench of this Court has taken a note of the inherent powers of Civil Court in view of provisions of S. 151 of CPC. The point was debated whether the District Court can exercise such powers in such case without there being a prayer for invoking the powers of Civil Court in view of S. 151 CPC. I do not find any ground as to why such powers should not be invoked when the litigant intended to pray for a relief securing his interest till the final hearing of the appeal which has been admitted for final hearing by the District Court.
I do not find any ground as to why such powers should not be invoked when the litigant intended to pray for a relief securing his interest till the final hearing of the appeal which has been admitted for final hearing by the District Court. S. 151 starts with a sentence -- "Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court." Multiplicity of the applications now needs to be avoided. That causes the impediment in speedy disposal of the suits. appeals and proceedings. When the Court can admit an appeal. it has to focus its attention towards such prayer and to think whether inherent powers of civil Court should be exercised. The Court may exercise such powers or may refuse to do so. But the reasons are to be expressed for acting either way. The District Judge Dhar has not done so far as present matter is concerned. Therefore. this revision petition is hereby allowed. The order passed by the District Judge. Dhar stands set aside. However. in the interest of justice, learned Judge is hereby directed to decide the said civil appeal as early as possible and possibly before the summer vacation. The parties to approach before the District Judge, Dhar on 22.3.2000, an already fixed date. No order about the status quo because the parties are inherent in contentions and the matter is to be adjudicated before the District Judge. Dhar. No order as to costs.