Long-Running Property Case: SC Sends Matter Back to Allahabad High Court for Final Hearing.


22 September 2025 Property Law >> Personal Law  

The Supreme Court has reserved an order of the Allahabad High Court in a decades-old property case which was pending since 1981, ordering the High Court to resolve the case within six months.
On September 22, 2025, a Bench of Justice Sanjay Karol and Justice Vipul M. Pancholi dismissed special leave petition filed by Ashwani Kumar, challenging the March 5, 2025 High Court order in execution proceedings.

The conflict arose out of a civil action filed in 1981 over ownership and possession of some property. In 2006, while the matter was sub-judice on a second appeal before the High Court, counsel for both sides had entered into a clear undertaking that although the plaintiff would be in possession, no demolition of the structure in existence would be done without orders of the Court. The High Court had accordingly issued a stay against demolition.

 
 
 
 

Notwithstanding this promise, follow-up execution proceedings were initiated, resulting in the challenged High Court order of March 2025. The Supreme Court opined that in light of the commitment made as far back as 2006, the correct approach for the respondents would have been to apply for modification before the High Court in the pending second appeal, instead of pursuing execution.

Consequently, the Apex Court set aside the High Court's order dated March 2025 and ordered the parties to report to the Allahabad High Court on October 15, 2025. It has also asked the High Court to decide the second appeal, pending for almost two decades, within six months.

The ruling underscores the Supreme Court’s emphasis on respecting undertakings given before judicial forums and its concern over prolonged delays in civil litigation.