SC Sets Aside Appeal Delay Condonation as Six-Year Inaction Remained Unexplained

H. Guruswamy & Ors. Vs A. Krishnaiah Since Deceased by Lrs. (Supreme Court of India)

The Supreme Court allowed the appeal and set aside the Karnataka High Court’s order condoning a delay of approximately 2200 days in filing an application for recall. The Court restored the Trial Court’s order rejecting the recall application, holding that the High Court had overlooked material facts and failed to properly apply the principles governing limitation.

The dispute arose from a suit relating to a property situated at Byrasandra, Bangalore. The property had originally been purchased in 1916 and was subsequently partitioned within the family. Over the years, several proceedings concerning the same property were instituted. In one such suit for specific performance, the deceased respondent had impleaded himself as a defendant, claiming rights in the property. The Civil Court had recorded findings that his conduct was not bona fide, that the sale in his favour was affected by the doctrine of lis pendens, and that he was not entitled to any relief concerning the property.

Thereafter, the deceased respondent instituted another suit seeking similar reliefs, which was dismissed on merits. Despite these earlier proceedings, a fresh suit for possession and other reliefs was filed in 1977, which was later renumbered as O.S. No.1833 of 1980. The suit was dismissed for default in 1983 but was restored in 1984. Subsequently, one of the defendants died in December 1999. Although the plaintiffs were granted several opportunities during 2000 to bring the legal representatives of the deceased defendant on record, they failed to do so. As a result, the suit stood abated by order dated 22.08.2000.