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Majji Sannemma @ Sanyasirao v. Reddy Sridevi

Civil Appeal · 2021 INSC 909Decided 16 Dec 2021
Civil Appeal No. 7696 of 2021
Justice M.R. Shah · Justice B.V. Nagarathna

Background

The appellant had won a permanent-injunction suit in the First Appellate Court after initially losing at trial. The opposing side (original defendants) did not challenge this for over 1,011 days, and then filed a Second Appeal in the Andhra Pradesh High Court along with an application to condone the huge delay. The High Court condoned the delay, and the original plaintiff (who had won below) appealed to the Supreme Court against that condonation.

Decision Breakdown

The Supreme Court held that the High Court was not justified in condoning a delay of 1,011 days, since no sufficient or satisfactory explanation had been given for such a long and unexplained delay. Relying on settled principles that courts cannot indulge belated and stale claims on equitable grounds and that "delay defeats equity," the Court found the High Court's reasoning for condoning the delay was not legally sound. It accordingly quashed the High Court's order condoning the delay and dismissed the Second Appeal on the ground of delay, allowing the present appeal.

Lesson Learnt

A party who wants to challenge a court order must act promptly: courts expect a credible, specific explanation for any long delay in filing an appeal, and a High Court cannot casually condone extreme delays (here, nearly three years) without genuine justification.

Official source (sci.gov.in)View Judgment (PDF)

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