Delay in filing appeals must be substantiated with valid reasons, balancing interests of both parties is crucial.

Heard on the application seeking condonation of delay of 1011 days in filing the writ appeal, which assails the order dated 27.10.2021 passed by the learned Single Judge in W.P.No.11694 of

2012.

2. In support of the prayer seeking condonation of delay, all that has been stated in the affidavit is as below:

“5. I most respectfully submit that the petitioners herein filed the R.A.No.74 of 2021 before this Hon’ble Court against the order dated 27.10.2021 in W.P.No.11694 of 2012 passed by the court below. The Review Application listed on 26.06.2024 on that date was dismissed the Review Application. This Hon’ble Court order passed in the R.A. the petitioner is at liberty to file an appeal and the period of pendency of this review application may be excluded for filing the appeal. Therefore, the delay is neither willful nor wanton. But due to the said bonafide reasons. Hence the delay in filing maybe condoned. By doing so no harm or prejudice will be caused to the respondents. Otherwise, the petitioners will be put to great prejudice. The petitioners are advised to submit that the above Writ Appeal is to be allowed by this Hon’ble court for the reasons more fully set out in the grounds of Writ Appeal and the same may be treated as part and parcel of this affidavit. Hence in the interest of justice the delay in filing may be condoned.

For the foregoing reasons it is prayed that this Hon’ble court may be pleased to condone the delay of 1011 days in filing the above W.A. against the order passed in W.P.No.11694 of 2012 dated 27.10.2021 and pass such further orders and thus render justice.”

3. The issue relating to condonation of delay is no longer res integra, and the Supreme Court has settled the legal position through a catena of decisions, of which relevant paragraphs of a few decisions are reproduced hereunder:

(i) In Karnataka Power Corporation Ltd. V. K. Thangappan and another, 1(2006) 4 SCC 322, the Supreme Court has held as follows:

“6. Delay or laches is one of the factors which is to be borne in mind by the High Court when they exercise their discretionary powers under Article 226 of the Constitution. In an appropriate case the High Court may refuse to invoke its extraordinary powers if there is such negligence or omission on the part of the applicant to assert his right as taken in conjunction with the lapse of time and other circumstances, causes prejudice to the opposite party. Even where fundamental right is involved the matter is still within the discretion of the Court as pointed out in Durga Prashad v. Chief Controller of Imports and Exports, (1969) 1 SCC 185. Of course, the discretion has to be exercised judicially and reasonably.”

(ii) Long delay cannot be allowed to be condoned as a matter of course in view of the recent judgment of the Apex Court in the case

of Shivamma v. Karnataka Housing Board, 22025 INSC 1104, wherein it is held as under:

“258. The length of the delay is a relevant matter which the court must take into consideration while considering whether the delay should be condoned or not. From the tenor of the approach of the respondents, it appears that they want to fix their own period of limitation for instituting the proceedings for which law has prescribed a period of limitation. Once it is held that a party has lost his right to have the matter considered on merits because of his own inaction for a long, it cannot be presumed to be non- deliberate delay and in such circumstances of the case, it cannot be heard to plead that the substantial justice deserves to be preferred as against the technical considerations. While considering the plea for condonation of delay, the court must not start with the merits of the main matter. The court owes a duty to first ascertain the bona fides of the explanation offered by the party seeking condonation. It is only if the sufficient cause assigned by the litigant and the opposition of the other side is equally balanced that the court may bring into aid the merits of the matt