This Supreme Court judgment clarifies that the expression “within such period” in Section 5 of the Limitation Act, 1963 requires a party to explain the delay for the entire period from when the limitation period commenced until the actual filing date, not just the period after the limitation expired. It overrules the narrower interpretation in Rewa Coalfields and aligns with the view that “sufficient cause” must be shown for the full duration of the delay, emphasizing that the State is not entitled to preferential treatment in condonation matters.
Facts Of The Case:
The case originates from a dispute over a parcel of land. The appellant, Shivamma, became the absolute owner of the land, including a 4-acre portion, through a compromise decree in 1989. However, the Karnataka Housing Board (KHB), the respondent, had taken possession of this 4-acre land in 1979 for a housing colony. Subsequently, Shivamma filed a suit for declaration of title and possession against the KHB. The Trial Court dismissed the suit, but the First Appellate Court, in 2006, decreed it in her favour, granting declaration of title. However, instead of granting possession (as substantial construction existed), the court directed the KHB to pay compensation. The KHB took no action on this decree. It was only in 2017, after the appellant initiated execution proceedings in 2011 and an attachment order was issued, that the KHB filed a second appeal before the High Court. This appeal was filed with a delay of 3966 days (almost 11 years). The High Court condoned this inordinate delay, leading to the present appeal before the Supreme Court by Shivamma’s legal representatives.
Procedural History:
The procedural history of this case began with the First Appellate Court decreeing the suit in favour of the appellant on 03.01.2006. The respondent, Karnataka Housing Board, failed to file a second appeal within the statutory limitation period. After a delay of 3966 days, it filed a second appeal before the High Court of Karnataka along with an application for condonation of delay. The High Court, vide its impugned order dated 21.03.2017, allowed the application and condoned the enormous delay. Aggrieved by this order, the appellant preferred the instant Civil Appeal before the Supreme Court, arising from a Special Leave Petition, challenging the High Court’s decision to condone the delay.
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Court Observation:
The Supreme Court made several critical observations, primarily holding that the expression “within such period” in Section 5 of the Limitation Act requires a party to explain the delay for the entire continuum from when the cause of action arose until the actual filing of the appeal, and not merely from the last day of limitation. It overruled the contrary interpretation in Rewa Coalfields Ltd., emphasizing that considerations of due diligence and the absence of negligence are inherent in establishing “sufficient cause.” The Court further unequivocally stated that the State and its instrumentalities are not entitled to any preferential treatment or latitude in matters of condonation of delay, explicitly disapproving of the “government lethargy” often cited as an excuse. It found the High Court’s order condoning an 11-year delay to be a “mockery of justice,” vitiated by a flawed application of law and an erroneous consideration of the merits at the condonation stage.
Final Decision & Judgement:
The Supreme Court allowed the appeal and set aside the impugned order of the High Court. It held that the Karnataka Housing Board had miserably failed to show any “sufficient cause” for the inordinate delay of 3966 days in filing the second appeal. The Court ruled that the High Court was not justified in condoning the enormous delay and had committed a grave error by venturing into the merits of the case at the condonation stage. Consequently, the second appeal filed by the Karnataka Housing Board before the High Court was dismissed as being hopelessly barred by limitation.
Case Details:
Case Title: SHIVAMMA (DEAD) BY LRS VERSUS KARNATAKA HOUSING BOARD & ORS. Citation: 2025 INSC 1104 Appeal Number: Civil Appeal No. 11794 of 2025 Date of Judgement:September 12, 2025 Judges/Justice Name: J.B. PARDIWALA
Download The Judgement Here