ASHOK VIRANG Vs. STATE OF M P

JUDGEMENT

(1.) Although one of us namely (Hon'ble Shri Justice Shantanu Kemkar) has decided to recuse from the case, we both are of the definite opinion that the matter is to be brought on the floor because it is an illustrative case of professional mischief, by seeking stay before Judge of this Court sitting alone, as vacation Judge of consent order passed by the Division Bench of this Court, without making a request to Hon'ble the Chief Justice for constitution of Division Bench for hearing of the matter, and also by avoiding available Division Bench on various dates during Court's summer vacation but by making mention without there being applications for vacational hearing and urgent hearing on review petition on merits. No date for listing was specified in the mention memo so that presumably the matter could be got listed before vacational Single Judge (during non-availability of vacational Division Bench during Court's summer vacation) who had no jurisdiction to hear the review under the High Court of Madhya Pradesh Rules, 2008 read with the provisions contained in Order 47 of Code of Civil Procedure. We have been further informed that a contempt petition has also been submitted on 21-6-2011 for compliance of Single Judge's order dated 2-5-2011 read with vacation Judge's order dated 13-6-2011 before the same Judge (i.e. same vacation Judge) and notices have been issued in it on 21-6-2011.

(2.) Undisputedly, there is a chequered history of litigation between the parties which for the purposes of the present matter needs no narration in detail.

(3.) The facts in short relevant for the purposes of the present matter are that Dr. Ashok Virang, the reviewist submitted W. P. No. 3926/2010 (S) with the following main reliefs :