MISS RUKSHANA JAL NANJI v. SO CALLED REX BUILDERS AND DEVELOPERS
CRP/100118/2025 · 2025-11-21
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52911 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52911 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16091 CRP No. 100118 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CIVIL REVISION PETITION NO.100118 OF 2025
BETWEEN:
MISS. RUKSHANA JAL NANJI, AGE. 64 YEARS, OCC. HOUSEHOLD, RESIDING AT: HOUSE NO.131, LODGE ROAD, CAMP, BELAGAVI AND ALSO AT E-9, KONARK SPLENDOUR, WADGOANSHERI, PUNE.
… PETITIONER
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
AND:
1.
SO-CALLED REX BUILDERS AND DEVELOPERS, BY ITS ALLEGED PARTNERS, REGISTERED BY FORGING THE SIGNATURES OF THE PLAINTIFF, HER LATE MOTHER AND BROTHER, HAVING ITS OFFICE AT CTS NO.5650,
“AADI SHAKTI TOWER”, KHANAPUR ROAD, TILAKWADI, BELAGAVI.
2.
SHRI GAJANAND S/O KRISHNA BANDURGE, AGE. 57 YEARS, OCC. BUSINESS, R/O. CCB NO.447 , MALHARI NIVAS, 5TH CROSS, BHAGYA NAGAR, BELAGAVI-590 002.
3.
SHRI SWAPNEEL S/O ANIL BHADALE, AGE. 52 YEARS, OCC. BUSINESS,
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.25 11:59:03 +0530
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HC-KAR NC: 2025:KHC-D:16091 CRP No. 100118 of 2025
R/O. CTS NO.89, FLAT NO.T-4, CHINTAMANI RESIDENCY, MANGALWAR PET, TILAKWADI, BELAGAVI.
4.
SHRI DEEPAK PAVANU NARVEKAR, AGE. 57 YEARS, OCC. BUSINESS, R/O. 11/120, PARWATI NIVAS, SUBHASH MARKET, HINDWADI, BELAGAVI.
5.
SHRI PRASHANT M. BHADALE, AGE. 52 YEARS, OCC. BUSINESS, R/O. 32, RANI CHANNAMMA NAGAR, 2ND STAGE, TILAKWADI, BELAGAVI.
6.
SHRI NASIRPASHA UMARPASHA INAMDAR, AGE. 59 YEARS, OCC. NIL, R/O. 2384, AZAD GALLI, BELAGAVI.
… RESPONDENTS
(BY SRI. TEJPAL A. KAML AND SRI. V.M. SHEELVANT, ADVOCATE)
THIS CRP IS FILED UNDER SECTION 151 OF CPC., PRAYING TO SET ASIDE THE ORDER DATED 15.09.2025 PASSED BY THE FILE OF THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM., BELAGAVI IN O.S. NO.347/2025 ON I.A. NO.3 AND CONSEQUENTLY REJECT I.A. NO.3 FILED BY DEFENDANT NO.2 TO 4.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:16091 CRP No. 100118 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
1. Shri V.M.Sheelavant., learned counsel undertakes to file vakalat on behalf of all the respondents.
2. Heard the learned counsel appearing for the petitioner and learned counsel for respondents.
3. The present petition is filed assailing the order dated 15.09.2025 passed on I.A.No.III in O.S.No.347 of 2025, on the file of Principal Senior Civil Judge, Belagavi. The said order is passed on an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short ‘Code’) filed by defendants No.2 to 4, who moved an application under Section 8 of Arbitration and Conciliation Act,
1996.
4. The Court in terms of impugned order, directed the parties to approach the arbitrator on the premise that there is an arbitration clause between the
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HC-KAR NC: 2025:KHC-D:16091 CRP No. 100118 of 2025
plaintiff and the defendants. The plaintiff is before this Court assailing the said order.
5.
Learned counsel for the petitioner and the respondents jointly submit that the parties are ready to subject themselves to the jurisdiction of the arbitrator to resolve the dispute through arbitration.
6.
Learned counsel for the petitioner and the respondents jointly submit that Shri Justice P.G.M. Patil, the Former Judge of this Court, be appointed as the sole arbitrator to arbitrate the dispute. It is further agreed by both the counsel that date of arbitration shall be fixed by the learned Arbitrator with the consent of the parties.
7. Hence, the following:
ORDER i. The petition is disposed of.
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HC-KAR NC: 2025:KHC-D:16091 CRP No. 100118 of 2025
ii. Shri Justice P.G.M. Patil, Former Judge of this Court is appointed as the sole arbitrator to resolve the dispute between the parties, which is raised in O.S No.347 of 2025, on the file of learned Principal Senior Civil Judge, Belagavi. iii. The further formalities can be worked out in terms of the Arbitration and Conciliation Act, 1996. iv. The Registry of this Court shall send the communication to Shri Justice P.G.M. Patil, the Former Judge of this Court. v. The parties shall appear before the learned arbitrator. The learned arbitrator shall fix the date of his choice with the consent of the parties.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
AM CT:BCK LIST NO.: 1 SL NO.: 0