Advanced age of parties justifies time-bound disposal of pending final decree proceedings.

The petitioner sought a direction for expeditious disposal of F.D.P. No. 11/2023, pending before the I Additional Civil Judge and JMFC, Magadi.

The underlying suit was instituted in 1996, and a preliminary decree was passed on 19 July 2011. The first appeal, R.A. No. 136/2014, was dismissed on 9 October 2020. The final decree proceeding, initiated in 2023, had remained pending for more than two years when the petition was considered.

The Court dispensed with notice to the respondents in view of the limited relief sought and the proposed order.

1. Whether the Court should direct the trial Court to dispose of F.D.P. No. 11/2023 within a specified period.

2. If so, what time limit should be fixed for disposal of the final decree proceeding.

The petition invoked Articles 226 and 227 of the Constitution of India.

The Court applied no specific statutory provision, precedent, or articulated test in its order. It considered the circumstances of the pending proceeding—including its duration and the advanced age of the parties—in deciding whether to grant a time-bound direction.

The Court noted that the final decree proceeding had been pending for more than two years, following a suit instituted in 1996 and a preliminary decree affirmed in appeal.

Given the advanced age of the parties, it found justification for expedition and directed disposal within one year from the date a copy of the order was placed before the trial Court.

The writ petition was accordingly disposed of.