Supreme Court Demands Explanation for 850-Day Delay in Appeal of Property Dispute.


26 September 2025 Property/Real Estate Law >> Property & Real Estate  

The Supreme Court has ordered a petitioner, Shobashalini Chokkalingam, to submit a comprehensive affidavit detailing why there has been an unprecedented delay of 850 days in filing an appeal with the Madras High Court in a property dispute over a disputed power of attorney and sale deed.

The conflict arose when the petitioner instituted a civil suit in 2021 in the Madras High Court with several declarations, including that a General Power of Attorney in 2016 and a subsequent sale deed in 2017 were invalid. She also prayed for a permanent injunction to prevent the defendants from troubling or encumbering the suit property, along with a declaration of ownership in her name.


 

 
 
 

To that effect, the defendants filed a motion under Order VII Rule 11 of the Code of Civil Procedure, requesting dismissal of the plaint, with an argument that the jurisdiction of the civil court was excluded by Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002.

The High Court's single judge accepted this plea, dismissed the plaint, and instructed the petitioner to approach the Debts Recovery Tribunal (DRT) for relief. An appeal to a Division Bench was lodged, but that was done after a lapse of 850 days. The High Court declined to condone such inordinate delay on the grounds of no sufficient cause being made out by the petitioner.

On further challenge, the case arrived in the Supreme Court. During the 26 September 2025 hearing, the Justice J.B. Pardiwala and Justice K.V. Viswanathan bench observed that there was also a delay of 162 days in coming to the top court. The Court asked the petitioner to file a detailed affidavit within three weeks on why the High Court appeal had been pending for almost three years before entertaining the merits.

The Court has listed the case for further hearing after the filing of the affidavit.


Section 34, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act - 2002  

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002