Swamy Gowda &
Ors. Vs. K.Shivakinge Gowda & Ors.  INSC 23 (7 January 2009)
JURISDICTION CIVIL APPEAL NO.28 OF 2009 (Arising out of S.L.P. (C) No.13175 of
2007) Swamy Gowda & Ors. ...Appellant(s) Versus K. Shivalinge Gowda &
Ors. ...Respondent(s) O R D E R Leave granted.
By the impugned
order, the High Court has condoned the delay of nine years and five months in
filing the writ appeal and allowed the appeal on merits.
Having heard learned
counsel for the parties and perused the records, especially the petition for
condonation of delay filed in writ appeal, we are of the view that no
sufficient cause was shown for condonation of delay of nine years and five
months and, as such, the High Court was not justified in condoning the delay
and allowing the appeal. In our view, in the facts and circumstances of the
present case, the writ appeal should have been dismissed on the ground of
appeal is allowed, impugned order rendered by the Division Bench of the High
Court is set aside, petition for condonation of delay filed in filing the writ
appeal is dismissed and the appeal filed before the High Court is dismissed as
barred by limitation.