On September 12, 2025, the Hon’ble Supreme Court of India delivered a landmark judgement in the case of Shivamma (Dead) by LRs vs. Karnataka Housing Board & Ors. and through this judgement, the Hon’ble Court set aside the order passed by the Karnataka High Court which had condoned a delay of 3,966 days in filing a second appeal by the Karnataka Housing Board. The Hon’ble Court held that condonation of delay under Section 5 of the Limitation Act, 1963 is not to be granted casually and must be supported by sufficient cause for the entire period of delay.
The Division Bench of the Hon’ble Court, comprising Hon’ble Justice J.B. Pardiwala and Hon’ble Justice R. Mahadevan, observed that government litigants cannot be given preferential treatment and must adhere to the same legal standards as private parties. The Hon’ble Court cautioned that constitutional courts should not act as surrogates for State laxity and must remain vigilant against condoning delays on superficial grounds.
According to the judgement, a party seeking condonation must explain the entire delay period—from the expiry of limitation until the actual filing date. The Hon’ble Court clarified that it is not the length of delay but the adequacy of the explanation that is relevant. The Court also held that even a strong case on merits is no ground for condoning delay in the absence of sufficient cause.
In the present case, the appellant had secured a favourable appellate decree in 2006 in a land dispute involving a partition suit. The Karnataka Housing Board, which was a respondent in the matter, filed a second appeal only in 2017—after nearly 11 years—along with condonation of application. The Hon’ble High Court allowed this application, which was later challenged before the Hon’ble Supreme Court.
Allowing the appeal, the Hon’ble Supreme Court set aside the High Court’s order and dismissed the Housing Board’s delay application. The Hon’ble Court directed the Board to pay an additional ₹25,000 to the Karnataka State Legal Services Authority within four weeks. The Hon’ble Court also directed the Principal Judge (Junior Division), Kalaburagi, to conclude execution proceedings in favour of the appellant within two months. Copies of the judgement were ordered to be circulated to all High Courts.
This judgement is pronounced with the intention of upholding the sanctity of limitation laws and ensuring that judicial discretion is not misused to revive stale claims due to administrative negligence.
The relevant judgment (Supreme Court Civil Appeal No. 4321 of 2025, decided on 12.09.2025) has been uploaded on the official website of the Hon’ble Supreme Court of India (www.sci.gov.in).