'We Wonder If High Court Is Aware Of Our Decisions' : Supreme Court Dismayed At MP HC Condoning 5 Year Delay In State's Appeal

While expressing dismay over the manner in which the Madhya Pradesh High Court condoned the delay of 1612 days on the mere request of the State Government, the Supreme Court reminded that the law is well-settled in terms of limitation and condoning delay that sufficient cause has to be looked into. A bench comprising Justice JB Pardiwala and Justice PB Varale was dealing with a civil appeal preferred by an appellant against the Madhya Pradesh High Court's September 1 judgment, whereby it condoned the delay of 1617 days in preferring the first appeal, which was allowed. The appellant's grievance is that no reason to condone the delay was assigned.Additional Solicitor General Aishwarya Bhati, appearing for the State of Madhya Pradesh, informed that the delay occurred because of the COVID-19 pandemic. However, the Court noted that no such word was mentioned in the High Court's order.At this, the bench noted their dismay and wondered if the High Court was aware of the judgments in Union of India v. Jahangir Byramji Jeejeebhoy (D) Through His Lr. (2024) and Shivamma (Dead) By Lrs. v. Karnataka Housing Board & Ors.(2025). These judgments held that State agencies are not entitled to any special treatment to condone delay. The Karnataka House Board judgment also held that there has to be an existence of “sufficient cause” for the entirety of the period from when the limitation began till the actual date of filing."We are dismayed to say from the tenor of the impugned order that the High Court condoned the delay of 1612 days on mere asking without highlighting the sufficient cause that might have been as signed by the State. The law in so far as limitation and condoning delay is concerned is well-settled. In the recent past, this Court has delivered Judgments explaining in what manner the sufficient cause has to be looked into and the plea for condonation of delay is to be considered According to Ms. Bhati, the delay had occurred because of Covid-19 pandemic. However, we do not find a word in this regard in the impugned order of the High Court."In such circumstances, it set aside the High Court's order and remanded the matter for a fresh hearing. The appeal stands disposed of.Case Details:SHANKARGIR v. THE STATE OF M P & ANR.|CIVIL APPEAL NO.14613/2025Click Here To Read OrderAppearances: For Petitioner(s) : Mr. Dushyant Parashar, AOR Mr. Praveen Bhatt, Adv. Mr. Manu Parashar, Adv. Mr. Dinesh Pandey, Adv.For Respondent(s) : Ms. Aishwarya Bhati, ASG Mr. Nachiketa Joshi, A.A.G. Mr. D.S. Parmar, A.A.G. Mr. Abhijeet Singh, Adv. Hemadri Sharma, Adv. Mr. Sarthak Raizada, Adv. Mr. Sarad Kumar Singhania, AOR

'We Wonder If High Court Is Aware Of Our Decisions' : Supreme Court Dismayed At MP HC Condoning 5 Year Delay In State's Appeal

Gursimran Kaur Bakshi

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