Karnataka High Court
Civil Procedure and EvidenceAdministrative and Public Law

Trial court directed to dispose of a twelve-year-pending partition suit within one year.

SMT. SOWBHAGHYA, vs SMT.VENKATESHAMMA,

Karnataka High CourtJUDGMENT: September 22, 20261 MIN READSOURCE JUDGMENT
Trial court directed to dispose of a twelve-year-pending partition suit within one year.. SMT. SOWBHAGHYA, vs SMT.VENKATESHAMMA,. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner invoked Article 227 of the Constitution seeking a direction for expeditious disposal of O.S. No. 118/2014, a partition suit pending before the I Additional Senior Civil Judge and JMFC, Nelamangala.

Source reference: p.20

The suit had been pending since 2014.

Source reference: p.20
02

Issues

Whether the trial court should be directed to dispose of O.S. No. 118/2014 expeditiously, within a specified time frame.

Source reference: p.20–21
03

Law Applied

The petition was brought under Article 227 of the Constitution, invoking the High Court’s supervisory jurisdiction over subordinate courts.

Source reference: p.20

The Court applied the case-specific principle that, having regard to the prolonged pendency of a suit and the circumstances identified, it may direct the trial court to avoid unnecessary adjournments and conclude the proceeding within a fixed outer limit.

Source reference: p.21
04

Reasoning

The Court noted that the partition suit had remained pending since 2014 and considered both the duration of its pendency—more than 12 years—and the age of the parties.

Source reference: p.21

On that basis, it considered a time-bound direction appropriate and required the trial court to avoid unnecessary adjournments.

Source reference: p.21
05

Holding

The Court disposed of the writ petition and directed the trial court to dispose of O.S. No. 118/2014 within one year from the date a copy of the order is placed before it on the next date of hearing, while avoiding unnecessary adjournments.
Karnataka High Court

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SMT. SOWBHAGHYA,vsSMT.VENKATESHAMMA,

Karnataka High Court · September 22, 2026

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