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2025 DAILYLAW 56121 (KAR)

M/S VENKATA ROYALE HOMES v. SMT BAYYAMMA

CMP/298/2023 · 2025-09-09

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35385 CMP NO.298 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.298 OF 2023 BETWEEN: M/S VENKATA ROYALE HOMES A PARTNERSHIP FIRM, HAVING ITS OFFICE AT: NO.56, 2ND FLOOR, 5TH MAIN, KODIHALLI, HAL 2ND STAGE, BENGALURU - 560 008. REP. BY ITS PARTNER SRI. BRAHMANANDA REDDY GOOTY AGED ABOUT 38 YEARS. …PETITIONER (BY SRI. AJIT P.B., ADVOCATE) AND: 1. SMT BAYYAMMA W/O S.M. NANJUNDAIAH, AGED ABOUT 61 YEARS. 2. SRI. BALA MURALI KRISHNA S/O NANJUNDAIAH, AGED ABOUT 44 YEARS. 3. SRI. SRINIVAS S/O NANJUNDAIAH AGED ABOUT 41 YEARS. 4. SMT. SHOBHA D/O NANJUNDAIAH, AGED ABOUT 36 YEARS. RESPONDENTS 1 TO 4 ARE R/AT SAMETHANAHALLI VILLAGE, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35385 CMP NO.298 OF 2023 ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. 5. SMT. B.N. LALITHAMMA, W/O LATE K. VENKATARAMANAPPA, AGED ABOUT 63 YEARS. 6. SMT. V. SHRUTHI, D/O LATE K. VENKATARAMANAPPA, AGED ABOUT 40 YEARS. 7. SMT. V. SUPRIYA, D/O LATE K. VENKATARAMANAPPA, AGED ABOUT 38 YEARS. 8. SRI. V. RANJITH S/O LATE K. VENKATARAMANAPPA., AGED ABOUT 28 YEARS. RESPONDENTS 5 TO 8 ARE R/AT SAMETHANAHALLI VILLAGE, ANUGONDANAHALLI VILLAGE, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. 9. SMT. N. VIJAYALAKSHMI W/O T. NARENDRA BABU, AGED ABOUT 44 YEARS, R/AT IMMADIHALLI MAIN ROAD, THIMMAIAH COMPOUND, HAGADUR, WHITEFIELD POST, BENGALURU - 560 066. 10. SRI. G.R.K. MOHAN RAJU S/O LATE G. SUBBA RAJU, AGED ABOUT 48 YEARS, R/AT SAMETHANAHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. 11. SRI. M.K. VASUDEVA MURTHY, S/O M.V. KRISHNA MURTHY, AGED ABOUT 44 YEARS. - 3 - HC-KAR NC: 2025:KHC:35385 CMP NO.298 OF 2023 12. SRI. M.K. KESHAVA MURTHY, S/O M.V. KRISHNA MURTHY, AGED ABOUT 54 YEARS. RESPONDNETS 11 AND 12 ARE R/AT NO.10, LAKSHMI SAGAR MAIN ROAD, MAHADEVAPURA MAIN ROAD, BENGALURU - 560 048. 13. SMT. MANJULA W/O LATE CHANDRACHARI, AGED ABOUT 38 YEARS. 14. MR. BHARATH C. S/O LATE CHANDRACHARI, AGED ABOUT 13 YEARS, SINCE MINOR REP. BY HIS NATURAL GUARDIAN/ MOTHER - RESPONDENT NO.13. 15. KUM. NANDINI C., D/O LATE CHANDRACHARI, AGED ABOUT 10 YEARS, SINCE MINOR REP. BY HER NATURAL GUARDIAN/ MOTHER - RESPONDENT NO.13. RESPONDENTS 13 TO 15 ARE R/AT SAMETHANAHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. 16. SMT. C. UMA W/O MALLESH, AGED ABOUT 60 YEARS, R/AT HADENAHALLI VILLAGE, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. 17. SRI. VEERABHADRAPPA S/O LATE CHIKKARUDRAPPA, AGED ABOUT 73 YEARS, R/AT RUDRAPPA LAYOUT, - 4 - HC-KAR NC: 2025:KHC:35385 CMP NO.298 OF 2023 OLD CHANNASANDRA POST OFFICE ROAD, BIDARAHALLI HOBLI, BENGALURU - 562 114. 18. SMT. ARUNA YALLAM RAJU W/O PRITHVI RAJ, AGED ABOUT 37 YEARS, R/AT NANJUNDAIAH'S HOUSE, AKKEMA NILAYA, SAMETHANAHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. 19. MR. GUDIPATI SRINIVASA REDDY, S/O AYYAPPA REDDY, AGED ABOUT 44 YEARS, R/AT NO.1602, 16TH FLOOR, 'E' BLOCK, 26/1, BRIGADE GATEWAY, SUBRAMANYA NAGAR, BENGALURU - 560 055. 20. MR. C.H. MALLIKARJUN, S/O MALAKONDAIAH, AGED ABOUT 48 YEARS, R/AT NO.203, KALPANA PRIDE HOMES, 9TH CROSS, KODIHALLI, BENGALURU - 560 008. 21. MR. S. KRISHNAPPA, S/O SEETHAPPA, AGED ABOUT 53 YEARS, R/AT NO.8, 1ST MAIN, 1ST CROSS, VIGNAN NAGAR MAIN ROAD, BENGALURU - 560 075. …RESPONDENTS (RESPONDENTS 1 TO 9, 13, 14, 17, 19 AND 21 - SERVED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT ANY RETIRED JUDGE OF THIS HON'BLE COURT OR ANY RETIRED DISTRICT JUDGE AS SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE ARISING OUT OF THE JOINT DEVELOPMENT AGREEMENT DATED 16TH - 5 - HC-KAR NC: 2025:KHC:35385 CMP NO.298 OF 2023 APRIL, 2021 IN TERMS OF CLAUSE 22.4 AND 23 VIDE ANNEXURE-F AND DEED OF RECONSTITUTION OF PARTNERSHIP DATED 29TH JUNE, 2022 IN TERMS OF CLAUSE 17 VIDE ANNEXURE-D IN RESPECT OF THE CLAIMS RAISED BY THE PETITIONER AND RESPONDENTS BEFORE THE KARNATAKA ARBITRATION CENTRE, BENGALURU TO SERVE THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned counsel appearing for the petitioner has filed Memo dated 17th August, 2025, seeking leave of the Court to withdraw the petition since the dispute between the petitioner and respondents has been amicably settled in terms of the Settlement Agreement dated 02nd August, 2025. 2. The said memo along with Settlement Agreement is placed on record. 3. Accordingly, Civil Miscellaneous Petition is dismissed as withdrawn in terms of the memo. Sd/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 2