Constitution of India — Article 227 — Supervisory jurisdiction — Partition suit — Preliminary decree — Delay in final decree proceedings — Application for appointment of Advocate Commissioner — Direction for expeditious disposal —
Civil Revision Petition filed seeking direction to trial Court to dispose of application filed for passing final decree in partition suit — Preliminary decree passed in year 2017 and application under Order XX Rule 18 CPC for division of properties by metes and bounds remained pending for several years without effective progress — Held, once preliminary decree is passed, it is incumbent upon trial Court to proceed with final decree proceedings without undue delay — Prolonged pendency defeats rights of parties and purpose of decree — High Court justified in issuing direction for time-bound disposal.
(Paras 4–5)
Civil Procedure Code, 1908 — Order XX Rule 18 — Partition — Final decree proceedings — Duty of Court —
Held, after passing preliminary decree in partition suit, Court is required to take necessary steps for division of property by metes and bounds and pass final decree — Failure to proceed with such steps for long period amounts to procedural lapse warranting supervisory intervention.
(Para 5)
Judicial delay — Pre-2017 matters — High Court circular — Binding effect —
Held, as per High Court circular directing priority disposal of pre-2017 cases, trial Courts are under obligation to take up such matters on priority and report progress — Non-compliance with such administrative directions justifies intervention under Article 227.
(Para 5)
Partition proceedings — Appointment of Advocate Commissioner —
Held, where application for appointment of Advocate Commissioner is filed for effecting division of property in terms of preliminary decree, Court must act promptly to ensure completion of final decree proceedings.
(Para 4–5)
Directions —
Held, trial Court directed to dispose of application for final decree within fixed time frame, preferably within three months where steps are completed, and otherwise within six months after following due procedure.
(Para 5)
RATIO DECIDENDI
After passing a preliminary decree in a partition suit, the trial Court is under a duty to promptly proceed with final decree proceedings, and prolonged delay in adjudicating applications for division of property by metes and bounds warrants supervisory intervention under Article 227 to ensure time-bound disposal in accordance with law and administrative directions.
