VidhiSangh

Supreme Court of India · 03/04/2024

UNION OF INDIA & ANR. versus JAHANGIR BYRAMJI JEEJEEBHOY (D) THROUGH HIS LR

[2024] 4 S.C.R. 76 · 2024 INSC 262

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Union’s asserted strength on property merits did not justify restoring a petition after twelve years and 158 days without a credible delay explanation. Government status does not entitle a litigant to automatic indulgence, and the decree-holder’s prolonged inability to obtain possession mattered. The Court first required sufficient cause and diligence rather than reopening title arguments. It upheld the High Court’s refusal of condonation and dismissed the appeal without costs.

Issues

  1. Whether government status or claimed merits justified the unexplained restoration delay.
  2. Whether the High Court properly protected finality and the decree-holder’s interests.

Provisions considered

Held

Result

Appeal dismissed without costs; refusal to condone twelve years and 158 days’ delay in seeking restoration upheld. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2024] 4 S.C.R. 76.