- 1 - HC-KAR NC: 2025:KHC:38003-DB MFA No. 8462 of 2022 C/W MFA No. 8067 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 8462 OF 2022 (AA) C/W MISCELLANEOUS FIRST APPEAL NO. 8067 OF 2022 (AA) IN MFA No. 8462/2022: BETWEEN: 1. SMT. H.G MANJULA D/O LATE GURAPPA REDDY AGED ABOUT 57 YEARS RESIDING AT NO.57 12TH CROSS, GARDEN HOUSE DODDANEKUNDI, BENGALURU - 560 037. 2. SMT. H.G. LAKSHMIDEVI D/O LATE GURAPPA REDDY AGED ABOUT 51 YEARS RESIDING AT No.236 KACHARAKANNAHALLI THOMAS TOWN POST BANGALORE 560 084. …APPELLANTS (BY SRI KAMARAJU, ADV.,) AND: 1. M/S AKSHYA EMINENCE DEVELOPERS PRIVATE LIMITED HAVING ITS OFFICE AT: No.54 11TH CROSS, 5TH MAIN INDIRANAGARA 1ST STAGE Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38003-DB MFA No. 8462 of 2022 C/W MFA No. 8067 of 2022 BENGALURU - 560 038 PRESENTLY OF NO. LEVEL 4, 495, CMH ROAD, INDIRANAGAR BANGALORE 560038 REPRESENTED BY ITS MANAGING DIRECTOR G SATISH BABU. 2. SRI G. SATISH BABU S/O ASHWATHA NARAYANA AGED ABOUT 56 YEARS R/AT FLAT NO.401 AISHWARYA SIGNUM 7TH MAIN, INDIRANAGAR 2ND STAGE OPPOSITE AMBEDKAR COLLEGE BANGALORE 560 038. 3. SMT. PUSHPA W/O LATE H.G. PRABHAKARR AGED ABOUT 35 YEARS R/AT NO.328 FLAT NO.A-1 JANANI, THE MANSION 2ND MAIN ROAD, "B" BLOCK AECS LAYOUT, BENGALURU - 560 036. 4. SRI RAJASHEKARA REDDY ALSO KNOWN AS RAJASHEKHAR S/O LATE H.G. PRABHAKARA AGED ABOUT 25 YEARS R/AT NO.328, FLAT NO.A-1 JANANI, THE MANSION, 2ND MAIN ROAD, "B" BLOCK, AECS LAYOUT BANGALORE 560036. 5. SMT. DIVYA D/O LATE H.G. PRABHAKARA AGED ABOUT 25 YEARS R/AT No.328, FLAT NO A-1 JANANI, THE MANSION, - 3 - HC-KAR NC: 2025:KHC:38003-DB MFA No. 8462 of 2022 C/W MFA No. 8067 of 2022 2ND MAIN ROAD, "B" BLOCK, AECS LAYOUT BENGALURU - 560 036. 6. SRI H.G. PRASANNA KUMAR S/O LATE H.P. GURAPPA REDDY AGED ABOUT 55 YEARS R/AT No.800, DODDANEKUNDI NEAR KUNDALAHALLI EXTENSION K.R. PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 037. …RESPONDENTS (BY SRI BHARATH S, ADV., FOR SRI P.B. RAJU, ADV., FOR R-1 & R-2; SRI SAMMITH S, ADV., FOR R-3 TO R-6) THIS MFA IS FILED UNDER SECTION 37(1)(b) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER DATED 14.11.2022 PASSED IN A.A.No.6/2022 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, PARTLY ALLOWING THE APPLICATION FILED UNDER SECTION 9(1)(ii)(d) AND (e) OF THE ARBITRATION AND CONCILIATION ACT 1999. IN MFA NO. 8067/2022: BETWEEN: 1. SMT. PUSHPA W/O LATE H.G. PRABHAKAR AGED ABOUT 52 YEARS. 2. SRI RAJASHEKAR REDDY ALSO KNOWN AS RAJASHEKAR S/O LATE H G PRABHAKAR AGED ABOUT 40 YEARS. 3. SMT. DIVYA D/O LATE H.G. PRABHAKAR - 4 - HC-KAR NC: 2025:KHC:38003-DB MFA No. 8462 of 2022 C/W MFA No. 8067 of 2022 AGED 31 YEARS. APPELLANT NOS. 1 TO 3 ARE R/AT NO.328, FLAT NO.A-1 JANANI, THE MANSION 2ND MAIN ROAD, "B" BLOCK, AECS LAYOUT, BENGALURU - 560 036. 4. SRI H.G. PRASANNA KUMAR S/O H.P. GURAPPA REDDY AGED ABOUT 55 YEARS R/AT No.800, DODDANEKUNDI NEAR KUNDALAHALLI EXTENSION K.R. PURAM HOBLI BANGALORE EAST TALUK BENGALURU - 560 037. ...APPELLANTS (BY SRI. SAMMITH S., ADV.) AND: 1. M/S AKSHAYA EMINENCE DEVELOPERS PRIVATE LIMITED A PRIVATE LIMITED COMPANY HAVING ITS OFFICE AT No.54 11TH CROSS, 5TH MAIN, INDIRANAGAR 1ST STAGE BENGALURU - 560 038. PRESENTLY AT NO.495, LEVEL-4 CMH ROAD, INDIRANAGAR BANGALORE - 560 038 REP. BY ITS MANAGING DIRECTOR SRI G. SATHISH BABU. 2. SRI G. SATHISH BABU S/O ASHWATHA NARAYANA AGED ABOUT 56 YEARS R/AT FLAT NO.401, AISHWARYA SIGNUM 7TH MAIN, INDIRANAGAR 2ND STAGE - 5 - HC-KAR NC: 2025:KHC:38003-DB MFA No. 8462 of 2022 C/W MFA No. 8067 of 2022 OPPOSITE AMBEDKAR COLLEGE BENGALURU - 560 038. 3. SMT. H.G. MANJULA D/O LATE H.P. GURAPPA REDDY AGED ABOUT 57 YEARS RESIDING AT 57, 12TH CROSS GARDEN HOUSE, DODDANEKKUNDI BENGALURU - 560 037. 4. SMT. H.G. LAKSHMI DEVI D/O LATE H.P. GURAPPA REDDY AGED ABOUT 51 YEARS R/AT NO.236, KACHARAKANNAHALLI THOMAS TOWN POST BENGALURU - 560 084. ...RESPONDENTS (BY SRI BHARATH S, ADV., FOR SRI P.B. RAJU, ADV., FOR R-1 & R-2; SRI KAMARAJU, ADV., FOR R-3 & R-4) THIS MFA IS FILED UNDER SECTION 37(1)(b) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER DATED 14.11.2022 PASSED ON A.A. No.6/2022 ON THE FILE OF THE LEARNED VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL, PARTLY ALLOWING THE APPLICATION FILED BY APPLICANT U/S.9(1)(ii)(d) AND (e) OF ARBITRATION AND CONCILIATION ACT, 1999 AND ETC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 6 - HC-KAR NC: 2025:KHC:38003-DB MFA No. 8462 of 2022 C/W MFA No. 8067 of 2022 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing for the appellants as well as the learned counsel appearing for the respondents. 2. The learned counsel appearing for the appellants submits that Civil Miscellaneous Petition ('CMP' for short) filed for appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 as CMP No.717/2022 has been dismissed on 16.09.2025. It is submitted that a finding has been entered by this Court that there is no concluded arbitration agreement between the parties. 3. It is submitted that in the light of the said dismissal of the CMP and in the light of the finding that there is no concluded arbitration agreement between the parties the appeals are liable to succeed. In the absence of a concluded arbitration agreement, no interim measure - 7 - HC-KAR NC: 2025:KHC:38003-DB MFA No. 8462 of 2022 C/W MFA No. 8067 of 2022 under Section 9 of the Arbitration and Conciliation Act could have been ordered. Accordingly, the Miscellaneous First Appeals are allowed, taking note of the finding of this Court that there is no concluded arbitration agreement between the parties. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK List No.: 1 Sl No.: 2