Supreme Court Restores Dismissed Appeal, Directs Fast-Track Hearing in District Court.


06 January 2025 Civil Appeals >> Civil & Consumer Law  

The appeal stems from the order passed by the Madhya Pradesh High Court on 11th July 2018, which dismissed the appellants' (defendants') application for condonation of delay in filing for the restoration of an appeal dismissed for non-prosecution. The appellants, seeking to restore the appeal, were unsuccessful both before the District Court and the High Court.

The Supreme Court took note of the significant delay, which spanned nearly 2000 days, and issued a notice regarding the condonation of delay. The appellants were directed to deposit Rs. 2,00,000 as costs with the Supreme Court Registry within four weeks. The amount, along with its interest, was to be deposited in a Short-Term Fixed Deposit and eventually disbursed to the Supreme Court Legal Services Authority.


 

 
 
 

The background of the case involves a civil suit where the respondent sought a declaration of ownership over certain property, including a temple and surrounding land, which the State was attempting to challenge. The State's first appeal was dismissed due to its negligence in pursuing the case, and the subsequent application for restoration of the appeal was delayed. After the High Court dismissed the application, the appellants approached the Supreme Court.

The Supreme Court, considering the facts and circumstances, set aside the High Court's order, restoring the first appeal to its original file, and directed that it be heard on its merits by the District Court. The District Court was instructed to hear the appeal within three months and report compliance to the Supreme Court Registry. The matter was further scheduled for review by the Supreme Court to ascertain progress.