Long-pending partition suit directed to be disposed of expeditiously, preferably within two years.

The petitioners, plaintiffs in O.S. No. 4509/2020, sought partition, separate possession and consequential reliefs.

The suit was pending before the XVII Additional City Civil and Sessions Judge, Bengaluru, and was at the stage of recording the plaintiffs’ evidence. The High Court noted that the suit had been pending since 2020 and remained at that stage.

Whether the trial Court should be directed to dispose of O.S. No. 4509/2020 expeditiously, given the suit’s duration and stage of progress.

Whether notice to the respondents was necessary before issuing the limited direction sought.

The petition invoked Article 227 of the Constitution of India, which confers supervisory jurisdiction on the High Court over subordinate courts.

The Court applied that jurisdiction to direct expeditious progress and disposal of the pending suit. No statutory provision beyond Article 227 or judicial precedent was cited in the order.

The Court considered that the suit had been pending for six years and was still at the stage of recording the plaintiffs’ evidence, finding no justification for the delay.

Having regard to the age of the parties and the limited nature of the requested direction, it considered an expeditious-disposal order appropriate and dispensed with notice to the respondents.

Notice to the respondents was dispensed with.