Shivamma (Dead) By Lrs Vs Karnataka Housing Board & Ors. (Supreme Court of India)
In a detailed examination of the principles governing the condonation of delay, the Supreme Court of India, in the case of Shivamma (Dead) By Lrs Vs Karnataka Housing Board & Ors., addressed a significant legal question arising from a property dispute. The appeal before the Apex Court was filed by the legal heirs of Shivamma, challenging a Karnataka High Court order that had condoned an extraordinary delay of 3966 days in a second appeal filed by the Karnataka Housing Board (KHB). The case delves into the interpretation of “sufficient cause” under Section 5 of the Limitation Act, 1963, and the standards for judicial discretion, particularly when a government instrumentality is the defaulting party.
Case Background
The dispute originated over a parcel of land in Survey No. 56/A, which was originally owned by the appellant’s father. Following his death, a partition suit (O.S. No. 74 of 1971) was initiated among the legal heirs. During the pendency of this suit, one of the parties, Gurulingappa C. Patil, allegedly “donated” four acres of the disputed land to the Government of Karnataka. The KHB subsequently took possession of this land in 1979 for a housing colony project.
