Bombay High Court

SUMABAI YADHAVRAO TAYADE AND ANOTHERversusBALU BHIKAN TAYADE AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The High Court directed the trial court to decide the civil suit within one year, without adjudicating the merits, and disposed of the writ petition.

Summary

The petitioners filed a writ petition seeking direction for the trial court to expedite the pending civil suit R.C.S. No. 971 of 2018, which had been in litigation since 2021. Both parties acknowledged that the suit had reached the evidence stage. The High Court, noting the prolonged pendency, exercised its supervisory jurisdiction to order the trial court to conclude the proceedings and deliver a merit-based decision within one year, without itself addressing the merits of the case. The court clarified that all substantive legal questions remain open for determination by the trial court. Consequently, the writ petition was disposed of, and any pending civil applications were also deemed disposed.

Issues considered

Can the High Court, under its supervisory jurisdiction, direct a trial court to decide a pending civil suit within a specified time frame without deciding the merits?
Are substantive legal points in the underlying civil suit kept open despite the direction to expedite the trial?

Subjects

writ petition
civil suit
pendency
time-bound resolution
trial court direction
supervisory jurisdiction
procedural law

Judgment

2026:BHC-AUG:10006



                                                                  76 WP No.12815.2021
                                                -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                               WRIT PETITION NO. 12815 OF 2021

                         SUMABAI YADHAVRAO TAYADE AND ANOTHER
                                              VERSUS
                               BALU BHIKAN TAYADE AND OTHERS
                                                  ...
              Advocate for the Petitioners : Mr. M. R. Sonawane
              AGP for Respondents-State : Mr. B. A. Shinde
              Advocate for Respondents : Mr. S. R. Taru and Mr. B. S. Choure
                                                  ...

                                CORAM : SIDDHESHWAR S. THOMBRE, J.
                                    Date : 4th March, 2026

              PER COURT :-


              1.          Heard learned counsel for respective sides.



              2.          Upon hearing the learned counsel for the respective parties

              and perusing the record, the present petition has been pending since the

              year 2021. Both the learned counsel for the petitioners and the

              respondents submit that the underlying civil suit has now reached the

              stage of recording evidence.



              3.          Considering the prolonged pendency of the matter and the

              present stage of the trial, I find it appropriate to ensure a time-bound

              resolution of the dispute. Accordingly, without going into the merits of
                                                        76 WP No.12815.2021
                                     -2-

the case, the Trial Court is hereby directed to conclude the proceedings

and decide R.C.S. No. 971 of 2018 on its own merits within a strict

period of one year from today.



4.            With the aforesaid directions, the present writ petition

stands disposed of.



5.            It is made clear that all legal points are kept open.



6.            Pending civil applications, if any, also stand disposed of.




                                           (SIDDHESHWAR S. THOMBRE, J.)



Omkar Joshi

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