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2026 DAILYLAW 50821 (KAR)

G J RAJU PAIS v. THE KARNATAKA STATE FINANCIAL CORPORATION

WA/1781/2024 · 2026-01-22

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3591-DB WA No. 1781 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1781 OF 2024 (GM-KSFC) BETWEEN: 1. G.J. RAJU PAIS S/O LATE B.R. PAIS AGED ABOUT 69 YEARS R/AT DOOR No.25-4-270/1 SILVERETTE, 3RD CROSS VALENCIA CHURCH HALL ROAD KANKANADI POST MANGALURU - 575 002 …APPELLANT (BY SRI. RAJENDRA M A, ADVOCATE) AND: 1. THE KARNATAKA STATE FINANCIAL CORPORATION A BODY CORPORATE ESTABLISHED UNDER THE PROVISIONS OF SFC ACT HAVING ITS OFFICE AT KSFC BHAVAN No.1/1, THIMMAIAH ROAD NEAR CANTONMENT RAILWAY STATION BANGALORE - 560 052 REPRESENTED BY ITS MANAGING DIRECTOR Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3591-DB WA No. 1781 of 2024 2. THE KARNATAKA STATE FINANCIAL CORPORAITON CHIKKAMAGALUR BRANCH AT HOSAMANE EXTENSION ROAD OPP. DISTRICT PLY GROUND CHIKKAMAGALURU - 577 101 3. SRI K.N. ANANDA FATHER'S NAME NOT KNOWN AGED ABOUT 75 YEARS THE BRANCH MANAGER K.S.F.C., CHIKKAMAGALUR BRANCH HOSAMANE EXTENSION ROAD OPP.: DISTRICT PLAY GROUND CHIKKAMAGALURU - 577 101 4. SRI VINOD MANOHAR SHERLEKAR (AUCTION PURCHASER) S/O MANOHAR D. SHERLEKAR AGED ABOUT 48 YEARS PROPRIETOR M/S VEENU CONSTRUCTIONS MANGALORE R/AT SHILPA AT BEJAI CHURCH ROAD MANGALORE - 575 004 5. SMT. NITA VINOD SHERLEKAR (AUCTION PURCHASER) W/O VINOD MANOHAR SHERLEKAR AGED ABOUT 42 YEARS R/AT SHILPA AT BEJAI CHURCH ROAD MANGALORE - 575 004 …RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 READ WITH ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE HON'BLE - 3 - HC-KAR NC: 2026:KHC:3591-DB WA No. 1781 of 2024 HIGH COURT OF KARNATAKA IN W.P.NO.4445/2011 (GM- KSFC) DATED 25/11/2022 & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 25.11.2022 passed by the learned Single Judge in Writ Petition No.4445/2011 (GM-KSFC). 2. The appellant had filed the said petition, inter alia, challenging the sale deed dated 10.08.2007 in respect to the subject property. It could be noted that the subject property has been sold to the auction purchaser in an auction conducted by the respondent corporation for recovery of its dues. It is material to note that it was not disputed that the appellant was due a substantial amount to the respondent corporation, for recovery of which the subject property had been sold. However, it was the appellant's contention that the respondent corporation had proceeded an erroneous provisions of law. The learned Single Judge had found no merit in the said contention. Accordingly, dismissed the petition. - 4 - HC-KAR NC: 2026:KHC:3591-DB WA No. 1781 of 2024 3. The present appeal has been filed after an inordinate delay of 700 days. The application seeking condonation of delay has been filed along with the present appeal which is supported by an affidavit. It is affirmed by the appellant that he is residing in a remote place and in view of the family disputes, he was under constant treatment for cardiac disease from 17.03.2009 which he states got aggravated after the dismissal of the writ petition. He has referred to a discharge summary dated 20.08.2025. He states that said due to mental agony and depression, he was unable to travel from his residence. Additionally, he states that the estate manager who was looking after the matters had also expired on 23.05.2022. 4. The discharge summary which is annexed to the affidavit indicates that the appellant was admitted to the hospital on 19.08.2025 and was discharged on the next day. He was admitted for chest discomfort pain and the documents indicated that an angiogram was conducted. Admission of the appellant to the hospital for a single day on 19.08.2025 does not substantiate the sufficient cause for delay in filing the appeal against an order dated 25.11.2022. There is nothing on record to indicate that the appellant was immobilized or under the disability to avail the remedies from November 2022 to August 2025. - 5 - HC-KAR NC: 2026:KHC:3591-DB WA No. 1781 of 2024 5. The application is accordingly dismissed. Consequently, the appeal is dismissed. 6. The pending interlocutory application also stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 2 Sl No.: 10