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In the matter of G J Raju Pais vs The Karnataka State Financial … on 25 November, 2022(W.P.No.4445/2011 (GM-KSFC)) presisded by The Hon’ble Judge K S Hemalekha. The petitioner is before this Court assailing the sale deed dated 10.08.2007 registered in the office of the Sub-Registrar, Mangalore Town, Mangalore on 31.8.2007. The respondents have filed their objections to the petition. 

 

FACTS OF THE CASE  

The property belonging to the petitioner was put up for sale by respondents 1 and 2. Respondents 4 and 5 are the purchasers of this property. Indeed, the acquirers filed suit under O.S. No. 60/2009 regarding possession, which was decided on 3 December 2010. Regarding the same, it is stated that an appeal has been filed and the same is said to be pending. As far as the issues contained therein are concerned, the matter will therefore be considered in the appeal pending against the said judgment. As regards the relief sought by the petitioner in this petition, in view of the fact that the respondents 1 and 2 have instituted a suit under the provisions of the State Financial Corporation Act and as it would touch on several aspects relating to the mode of exercise of that right on disputed questions of fact the same cannot decide in a written proposal. The petitioner would therefore have to take advantage of the remedy by filing an appeal with the Debt Recovery Tribunal. Learned counsel for the petitioner would submit on this point that it would be difficult for the petitioner at this stage to file an appeal because of the limitations set out therein. In the said scope, it should be noted that the instant proposal was considered by this court only from 20 November 2011, i.e. the day it was submitted. A rule was also issued. If so, while considering the period of limitation, the said period within which this petition was agitated before the alternate forum should also be kept in mind and any delay should also be condoned. Thus, the statute of limitations would have to be counted as such if the petitioner had filed an appeal within the statute of limitations period starting from that date. Such calculation will be accepted by the Debt Recovery Tribunal and thereafter the appeal will be considered on its merits by giving opportunity to all the parties. All disputes of merit remain open. 

 

JUDGEMENT  

The Hon’ble Judge K S Hemalekha. observed that Petition is disposed of accordingly 

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JUDGEMENT REVEIWED BY HARSHA L NALWAR  

 

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https://indiankanoon.org/doc/110597637/