Dismissed¶41

G J Raju Pais v. the Karnataka State Financial Corporation

Writ Appeal (GM-KSFC) – Condonation of delay

Karnataka HC22 Jan 2026WA/1781/2024

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Case brief

AI extract

What is this about?

Condonation of delay refused; 700-day delay in filing writ appeal; Karnataka High Court writ appeal (GM-KSFC) dismissed; challenge to sale deed dated 10.08.2007 arising from Karnataka State Financial Corporation auction; W.P. No.4445/2011 (GM-KSFC) dismissed 25.11.2022 by Single Judge; single-day hospitalisation on 19.08.2025 with angiogram held insufficient cause; no evidence appellant immobilized November 2022 to August 2025; filed under Section 4 Karnataka High Court Act, 1961 with Articles 226 and 227 Constitution of India; pending IA disposed of.

What did the court decide?

Admission of the appellant to hospital for a single day on 19.08.2025 does not substantiate a sufficient cause for the delay in filing the appeal against an order dated 25.11.2022. ¶36

G J Raju Pais Vs the Karnataka State Financial… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the application seeking condonation of the 700-day delay in filing the writ appeal discloses a sufficient cause.

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Court's answer

Admission of the appellant to hospital for a single day on 19.08.2025 does not substantiate a sufficient cause for the delay in filing the appeal against an order dated 25.11.2022.

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Ratio / Principle

There is nothing on record to indicate that the appellant was immobilized or under a disability to avail the remedies from November 2022 to August 2025.

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Key takeaways

The application for condonation of delay is dismissed, and consequently the appeal is dismissed; the pending interlocutory application stands disposed of.ratio¶40

Detailed headnote1 paragraphs

Writ Appeal (GM-KSFC) — Condonation of delay — Insufficient medical grounds. The appellant, whose Writ Petition No.4445/2011 (GM-KSFC) challenging the sale deed dated 10.08.2007 of a property sold to auction purchasers in an auction conducted by the Karnataka State Financial Corporation for recovery of its dues had been dismissed by the learned Single Judge on 25.11.2022, filed the present writ appeal under Section 4 of the Karnataka High Court Act, 1961 read with Articles 226 and 227 of the Constitution after an inordinate delay of 700 days. Grounds urged were residence at a remote place, family disputes, cardiac disease under treatment from 17.03.2009 said to have aggravated after dismissal of the writ petition, mental agony and depression, and the death of the estate manager on 23.05.2022. The discharge summary annexed to the affidavit showed a single-day hospitalisation on 19.08.2025 for chest discomfort, with an angiogram conducted. Held: admission to hospital for a single day on 19.08.2025 does not substantiate a sufficient cause for delay in filing the appeal against an order dated 25.11.2022, and there is nothing on record to indicate that the appellant was immobilized or under a disability to avail remedies from November 2022 to August 2025. The condonation application was accordingly dismissed; consequently, the appeal was dismissed and the pending interlocutory application stood disposed of. Judgment per Vibhu Bakhru, Chief Justice; Coram also comprised C.M. Poonacha, Judge.

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NC: 2026:KHC:3591-DB WA No. 1781 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JANUARY, 2026 PRESENT

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THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA

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WRIT APPEAL NO. 1781 OF 2024 (GM-KSFC)

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BETWEEN:

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G.J. RAJU PAIS S/O LATE B.R. PAIS AGED ABOUT 69 YEARS R/AT DOOR No.25-4-270/1 SILVERETTE, 3^RD CROSS VALENCIA CHURCH HALL ROAD KANKANADI POST MANGALURU - 575 002

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…APPELLANT

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Digitally signed by AMBIKA H B Location: High Court of Karnataka

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(BY SRI. RAJENDRA M A, ADVOCATE)

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AND:

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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

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HC-KAR

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THE KARNATAKA STATE FINANCIAL CORPORAITON CHIKKAMAGALUR BRANCH AT HOSAMANE EXTENSION ROAD OPP. DISTRICT PLY GROUND CHIKKAMAGALURU - 577 101

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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

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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

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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

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…RESPONDENTS

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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

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HC-KAR

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HIGH COURT OF KARNATAKA IN W.P.NO.4445/2011 (GMKSFC) DATED 25/11/2022 & ETC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

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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).

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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.

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HC-KAR

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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.

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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.

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NC: 2026:KHC:3591-DB WA No. 1781 of 2024

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HC-KAR

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