2009 INSC 0024
                                    SUPREME COURT OF INDIA

                                               Swamy Gowda

                                                      Vs.

                                           K. Shivalinge Gowda

                                             C.A.No.28 of 2009

                                  (B.N. Agrawal and G.S. Singhvi JJ.)

                                                  07.01.2009

                                                   ORDER

Leave granted.

1. 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.

2. 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 delay.

3. Accordingly, the 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.

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