- 1 - HC-KAR NC: 2025:KHC:37915 CMP No. 464 of 2024 C/W CMP No. 465 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.464 OF 2024 C/W CIVIL MISC. PETITION NO.465 OF 2024 IN CMP No. 464/2024 BETWEEN: 1. SRI. Y. MADHU SUDHANA REDDY S/O DAYAKAR REDDY AGED ABOUT 61 YEARS, R/AT 8-3-228, FLAT NO.305, TARA 2 SRINIVAS VILLAGE, OPPOSITE GRAND GARDEN FUNCTION HALL YUSUF GUDA, HYDERABAD-500 045. …PETITIONER (BY SRI. YASHAS K., ADVOCATE FOR SRI. SATHEESH N., ADVOCATE) AND: 1. SMT. MANJULAMMA W/O MUNINARAYANAPPA, AGED ABOUT 54 YEARS, 2. SRI. MURALI S/O MUNINARAYANAPPA AGED ABOUT 31 YEARS Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37915 CMP No. 464 of 2024 C/W CMP No. 465 of 2024 3. SRI. LAKSHMIPATHI S/O MUNINARAYANAPPA AGED ABOUT 34 YEARS 4. SMT. HEMAVATHI W/O LAKSHMIPATHI AGED ABOUT 29 YEARS 5. MASTER L. YASHAS, S/O LAKSHMIPATHI AGED ABOUT 12 YEARS, MINOR 6. KUMARI L. AVIKAKRUTHI D/O LAKSHMIPATHI AGED ABOUT 9 YEARS, MINOR RESPONDENTS NO.5 AND 6 ARE REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER, SMT. HEMAVATHI 7. SRI. MUNIRAJU S/O LATE CHIKKA NARASIMAIAH AGED ABOUT 52 YEARS 8. SMT. ASHWATHAMMA @SWETHA W/O MUNIRAJU AGED ABOUT 43 YEARS 9. SRI ANIL KUMAR @ ANIL S/O MUNIRAJU AGED ABOUT 29 YEARS RESPONDENTS NO.1 TO 9 ARE RESIDING AT CHOKKANAHALLI VILLAGE, - 3 - HC-KAR NC: 2025:KHC:37915 CMP No. 464 of 2024 C/W CMP No. 465 of 2024 NANDI HOBLI, CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT-562 101. 10. SMT. ANUSHA D/O MUNIRAJU AGED ABOUT 25 YEARS RESIDING AT CHOKKANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT-562 101 ALSO AT W/O VISHWANATH G-15, SRISHTI ANMOL APARTMENT THINDLU, VIDYARANYAPURA, BENGALURU-560097. …RESPONDENTS (BY SRI. JAGADISH J.R., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11 (5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE ABOVE PETITION AND APPOINT AN ARBITRATOR FROM THE PANEL OF ARBITRATOR TO ADJUDICATE THE ISSUE BETWEEN THE PARTIES FOR THE EXECUTION OF THE SALE DEED, AS PER ANNEXURE-A, CLAUSE -0 (PAGE 21), DATED 01.04.2016. IN CMP NO. 465/2024 BETWEEN: 1. SRI. B. RAMA MOHANA REDDY S/O BUDDALLA VEERA RAGHAVA REDDY, AGED ABOUT 60 YEARS, - 4 - HC-KAR NC: 2025:KHC:37915 CMP No. 464 of 2024 C/W CMP No. 465 of 2024 R/AT FLAT NO.404, ORCHID HOMES, BRAHMANANDA PURAM, NEAR SYNDICATE BANK, DARGAMITTA, NELLORE, ANDHRA PRADESH-524003. ...PETITIONER (BY SRI.YASHAS K., ADVOCATE FOR SRI. SATHEESH N., ADVOCATE) AND: 1. SMT. MANJULAMMA W/O MUNINARAYANAPPA, AGED ABOUT 54 YEARS. 2. SRI. MURALI S/O MUNINARAYANAPPA, AGED ABOUT 31 YEARS. 3. SRI. LAKSHMIPATHI S/O MUNINARAYANAPPA, AGED ABOUT 34 YEARS. 4. SMT. HEMAVATHI W/O LAKSHMIPATHI, AGED ABOUT 29 YEARS. 5. MASTER L. YASHAS S/O LAKSHMIPATHI, AGED ABOUT 12 YEARS, MINOR. - 5 - HC-KAR NC: 2025:KHC:37915 CMP No. 464 of 2024 C/W CMP No. 465 of 2024 6. KUMARI L. AVIKAKRUTHI D/O LAKSHMIPATHI, AGED ABOUT 9 YEARS MINOR RESPONDENTS NO.5 AND 6 ARE REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER, SMT. HEMAVATHI. 7. SRI. MUNIRAJU S/O LATE CHIKKA NARASIMHAIAH, AGED ABOUT 52 YEARS. 8. SMT. ASHWATHAMMA @ SWETHA W/O MUNIRAJU, AGED ABOUT 43 YEARS. 9. SRI. ANIL KUMAR @ ANIL S/O MUNIRAJU, AGED ABOUT 29 YEARS. RESPONDENTS NO. 1 TO 9 ARE R/AT CHOKKANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT-562101. 10. SMT. ANUSHA D/O MUNIRAJU, AGED ABOUT 25 YEARS, R/AT CHOKKANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT-562101. - 6 - HC-KAR NC: 2025:KHC:37915 CMP No. 464 of 2024 C/W CMP No. 465 of 2024 ALSO AT W/O VISHWANATH, G-15, SRISHTI ANMOL APARTMENT, THINDLU, VIDYARANYAPURA, BENGALURU-560097. ...RESPONDENTS (BY SRI. J.R. JAGADISH, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11 (5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W RULE 4 OF THE HIGH COURT OF KARNATAKA ARBITRATION (PROCEEDINGS BEFORE THE COURTS) RULES 2001, PRAYING TO ALLOW THE ABOVE PETITION AND APPOINT AN ARBITRATOR FROM THE PANEL OF ARBITRATOR TO ADJUDICATE THE ISSUE BETWEEN THE PARTIES FOR THE EXECUTION OF THE SALE DEED, AS PER ANNEXURE-A, CLAUSE -0 (PAGE 21), DATED 01.04.2016. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. The above Civil Misc. Petitions are filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of Arbitrator, as per the Agreement of Sale dated - 7 - HC-KAR NC: 2025:KHC:37915 CMP No. 464 of 2024 C/W CMP No. 465 of 2024 01.04.2016. In this regard, learned counsel appearing for the respondents, raised preliminary objection relating to limitation as the claim made by the petitioners herein is barred by limitation. 2. Having taken note of the submissions made by the learned counsel appearing for the parties, the petitioners herein claim to be the intended purchaser of the plot in question and had entered into the Agreement of Sale dated 01.04.2016 as per Annexure-A to the petitions. Based on the said agreement, petitioners herein are seeking appointment of Arbitrator, for resolution of the dispute. 3. Having taken note of the fact that the Agreement of Sale is of the year 2016, the claim made by the petitioners herein is barred by limitation and accordingly, no interference of this Court is called for to appoint an Arbitrator in these petitions. 4. Accordingly, the petitions are dismissed. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 21