Delay in appeal was condoned subject to deposit of the principal decretal amount.

The petitioner challenged, under Article 227 of the Constitution, the order dated 10 August 2022 refusing to condone delay in filing a Regular Civil Appeal against a 2016 decree in a suit for recovery of ₹15,00,000.

During the petition, the petitioner stated that he had deposited ₹7,50,000—half the principal amount—in the executing court and offered to deposit the balance.

The respondent agreed not to oppose condonation if the full principal amount was deposited and permitted withdrawal on conditions set by the Court.

Whether the delay in filing the petitioner’s appeal should be condoned subject to deposit of the remaining principal amount.

Whether the respondent should be permitted to withdraw the deposited amount, and the execution proceedings held in abeyance, pending the appeal.

The petition invoked the High Court’s supervisory jurisdiction under Article 227 of the Constitution.

The judgment cites no statute governing limitation, no precedent, and no general legal test for condonation of delay. Instead, the Court resolved the matter on the parties’ stated positions and made relief conditional on payment of the full principal amount, with the respondent’s withdrawal subject to the appeal’s outcome.

The petitioner had already deposited half the principal and undertook to pay the balance; the respondent did not oppose condonation if the full ₹15,00,000 was deposited and agreed to withdrawal subject to conditions.

In light of that position, the Court declined to examine the merits of the delay application in depth and allowed it conditionally. It protected the petitioner’s position by making withdrawal subject to the appeal’s outcome and requiring repayment, without interest, if the petitioner ultimately succeeds on the merits (other than on remand).

Upon proof of the full deposit, the appeal is to be registered and decided on its merits. The respondent may withdraw ₹7,50,000 without security and the balance ₹7,50,000 against solvent security; withdrawal is subject to the appeal’s outcome. Execution proceedings are to remain in abeyance pending final disposal of the appeal, but may proceed if the petitioner fails to deposit the full principal.