Monday, January 12, 2026

Civil Procedure — Delay in Trial — Pre-2019 Cases — High Court Circulars — Supervisory Jurisdiction under Article 227 — Expeditious Disposal When a suit instituted prior to 2019 remains pending without effective progress, the High Court, in exercise of supervisory jurisdiction under Article 227, is justified in issuing directions to expedite disposal in compliance with High Court circulars mandating priority disposal of old cases. Trial Courts are duty-bound to follow administrative instructions of the High Court regarding reduction of backlog and timely disposal. (Paras 3–6)

advocatemmmohan



Civil Procedure — Delay in Trial — Pre-2019 Cases — High Court Circulars — Supervisory Jurisdiction under Article 227 — Expeditious Disposal

When a suit instituted prior to 2019 remains pending without effective progress, the High Court, in exercise of supervisory jurisdiction under Article 227, is justified in issuing directions to expedite disposal in compliance with High Court circulars mandating priority disposal of old cases.
Trial Courts are duty-bound to follow administrative instructions of the High Court regarding reduction of backlog and timely disposal.
(Paras 3–6)


FACTUAL MATRIX

  • Original Suit: O.S. No.19/2015 for declaration of title, permanent injunction and cancellation of sale deed.

  • Renumbered: As O.S. No.83/2018; pending before XIII Additional District Judge, Narasaraopet.

  • Grievance: Long pendency and non-compliance with High Court circulars.

  • Relief Sought: Direction to trial court to expedite proceedings and conclude suit.


ISSUES CONSIDERED

  1. Whether High Court can direct expeditious disposal of long-pending suit under Article 227?

  2. Whether trial court is bound by High Court circulars on prioritization of old cases?


ANALYSIS OF LAW & REASONING

1. Binding Nature of High Court Circulars

High Court referred to:

  • Circular dated 12.10.2023 — emphasis on disposal of pre-2019 cases.

  • Circular dated 22.04.2025 — priority disposal of all cases up to 2020, especially long-pending matters.

The Court held:

Trial courts are bound to follow these instructions to reduce backlog and make the "5+0 pendency" policy meaningful.
(Para 4)


2. Supervisory Power under Article 227

The Court exercised its constitutional power to supervise subordinate judiciary to ensure compliance with administrative and judicial discipline.

When delay defeats justice and violates institutional directions, supervisory correction is warranted.
(Paras 3–6)


3. Direction for Time-Bound Disposal

Considering the pendency since 2015:

Trial Court directed to dispose of O.S. No.83 of 2018 on priority basis within three months.
(Para 6)


RATIO DECIDENDI

Where a civil suit instituted prior to 2019 remains pending without justification, the High Court under Article 227 may direct time-bound disposal in enforcement of High Court circulars governing priority disposal of old cases. Trial courts are duty-bound to follow such administrative mandates to prevent backlog and delay in justice delivery.

No comments:

Post a Comment