The Supreme Court has overturned a Bombay High Court order that allowed restoration of a long-dismissed appeal after condoning a delay of 5,250 days. The case involves M/s. Sethia Infrastructure Pvt. Ltd. and respondents Mafatlal Mangilal Kothari and others.
The dispute began when the respondents filed an eviction suit, which was dismissed in 1988. They appealed in 1989, but the appeal was deemed dismissed in May 2008 due to non-prosecution after failing to file pleadings within the court’s three-month deadline.
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Years later, in 2022, the respondents sought restoration, citing reasons for the delay. The Bombay High Court allowed their plea in October 2023, noting private service to the non-applicants, but did not assign detailed reasons.
When delay of a long period is sought to be condoned, the Court must be conscious that time does not stand still… third-party rights may have been created.
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It noted that after the dismissal, third-party rights, including large-scale construction by the developer, had emerged. The apex court found the High Court’s order unsustainable, set it aside, and remitted the matter for fresh hearing with directions to hear the developer and consider impleadment if necessary.
The parties are to appear before the Bombay High Court on September 2, 2025.
Case Title: M/s. Sethia Infrastructure Pvt. Ltd. vs Mafatlal Mangilal Kothari & Others
Citation: 2025 INSC 985
Appeal Number: Civil Appeal (arising out of SLP (C) No. 22195 of 2025)
Originating Case: First Appeal No. 1483 of 1988 (Bombay High Court) arising from Original Suit No. 289 of 1967
High Court Order Challenged: Order dated 25 October 2023 in Interim Application No. 19020 of 2022
Date of Supreme Court Judgment: 14 August 2025
