IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.28 OF 2009 (Arising out of S.L.P. (C) No.13175 of 2007)

Swamy Gowda & Ors.        ...Appellant(s)

Versus

K. Shivalinge Gowda & Ors.       ...Respondent(s)

O  R  D  E  R

Leave granted.

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.

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.

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.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, January 07, 2009.