Final Up to date:August 23, 2025, 03:30 IST
With indications that the son, on whom the appellant relied, had betrayed her belief and colluded with the plaintiffs, the SC held that the delay deserved sympathetic consideration
The SC noticed that in household disputes, aged ladies typically depend on male kin to safeguard their authorized pursuits. File pic/PTI
The Supreme Courtroom has condoned a delay of almost six years in submitting an enchantment by a 72-year-old lady who alleged that her son colluded with the plaintiffs in a partition go well with and stored her uninformed about vital developments within the litigation.
The SC noticed that in household disputes, aged ladies typically depend on male kin to safeguard their authorized pursuits, and when allegations of betrayal of such belief come up, courts should undertake a sympathetic strategy.
A bench of Justices Pankaj Mithal and Joymalya Bagchi allowed an enchantment filed by Methkupally Venkatamma difficult the Andhra Pradesh Excessive Courtroom’s order dated November 7, 2016, which had allowed a assessment petition filed by the plaintiffs in a partition go well with and revived their enchantment.
The highest court docket directed that the assessment utility be heard afresh on the deserves after giving due discover to all involved events.
The dispute stems from a go well with filed in 2003 by the primary and second respondents searching for partition and separate possession of land parcels admeasuring round 37 acres located at Pocharam Village, Ghatkeswar Mandal, Ranga Reddy District.
A preliminary decree was handed on March 28, 2011. Venkatamma, the spouse of late M Mohan Reddy, together with different authorized heirs, challenged this preliminary decree in enchantment.
The division bench allowed the enchantment, holding that the go well with property was neither joint nor partible. Nonetheless, the plaintiffs later sought assessment of this determination, which was allowed by the Excessive Courtroom in 2016, resulting in the revival of the enchantment.
Earlier than the Supreme Courtroom, senior advocate S Niranjan Reddy, showing for the respondents, argued that the appellant approached the court docket after an inordinate delay of two,112 days with out satisfactory justification.
He submitted that each one defendants, together with the appellant, have been conscious of the assessment proceedings and have been represented by counsel.
He additionally identified that after the enchantment was revived, the appellant and others participated within the proceedings, and even the third respondent, her eldest son, had moved a particular depart petition (SLP) in opposition to an interim order, which was later withdrawn.
Opposite to this, senior advocate Nidhesh Gupta, representing Venkatamma, argued that she is a septuagenarian who entrusted her son, the third respondent, with the accountability of managing the litigation.
He alleged that the son colluded with the plaintiffs and stored her at the hours of darkness concerning the assessment order and subsequent developments.
It was solely in August 2022, when she realized by way of kin that the SLP filed by her son had been withdrawn, that she turned conscious of the state of affairs.
She then obtained case paperwork and filed her SLP in November 2022.
Ordinarily, the court docket mentioned, it might not condone such a protracted delay. Nonetheless, contemplating the precise averments and submissions indicating that the son, on whom the appellant relied, had betrayed her belief and colluded with the plaintiffs, the bench held that the delay deserved sympathetic consideration.
“It’s common data that in household disputes aged ladies depend on their husbands or sons to take care of their curiosity in litigation. When a case of betrayal of such belief is pleaded in a delayed condonation utility, the Courtroom is required to view the identical with a sympathetic slant,” the order said.
The court docket famous that though the appellant appeared to have been represented by counsel, the lawyer was evidently instructed by the third respondent, in opposition to whom the allegations of collusion have been made.
It additional noticed that the Excessive Courtroom’s impugned order was cryptic and did not file the submissions of the appellant, in whose favour the sooner enchantment had been allowed.
Discovering advantage within the appellant’s argument that remanding the assessment for rehearing wouldn’t prejudice the respondents, the court docket mentioned that preserving the prevailing cryptic order would end result within the appellant dropping a significant proper derived from the appellate judgment dismissing the go well with.
Accordingly, the Supreme Courtroom put aside the Excessive Courtroom’s order and directed that the assessment utility be reheard on the deserves after giving due discover to all events. It additionally instructed the Excessive Courtroom to eliminate the matter expeditiously with out pointless adjournments.
Sanya Talwar, Editor at Lawbeat, has been heading the organisation since its inception. After practising in courts for over 4 years, she found her affinity for authorized journalism. She has labored previousl…Learn Extra
Sanya Talwar, Editor at Lawbeat, has been heading the organisation since its inception. After practising in courts for over 4 years, she found her affinity for authorized journalism. She has labored previousl… Learn Extra
Learn Extra
