- 1 - HC-KAR NC: 2025:KHC:45191 CMP No. 168 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 168 OF 2023 BETWEEN: SRI JAYARAM AGED ABOUT 56 YEARS, S/O LATE RANGAPPA, R/AT NO.306, MUDDANAPALYA MAIN ROAD, MUDDANAPALYA, VISHWANEEDAM POST, BANGALORE NORTH, BENGALURU - 560 091 …PETITIONER (BY SRI. SIDDHARTH SUMAN, ADVOCATE) AND: 1. SRI C S UMESHAIAH AGED ABOUT 70 YEARS, S/O LATE SIDDAVEERAPPA, R/AT MADHU NILAYA, 8TH CROSS, 2ND MAIN, S S PURAM, TUMKUR - 572 102 2. SMT. T U MYTHRI AGED ABOUT 37 YEARS, D/O SRI C S UMESHAIAH, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45191 CMP No. 168 of 2023 W/O S MANJUNATH, R/AT NO.71, 21ST MAIN, 4TH CROSS, OPP. ESHAWARA TEMPLE, MARENAHALLY, VIJAYANAGAR, BANGALORE - 560 040 3. SRI T U MADHU AGED ABOUT 33 YEARS, S/O SRI C.S. UMESHAIAH, R/AT MADHU NILAYA, 8TH CROSS, 2ND MAIN, S S PURAM, TUMKUR - 572 102 4. SMT SOWBHAGYAMMA AGED ABOUT 68 YEARS, D/O LATE SIDDAVEERAPPA, W/O RAJANNA, R/AT NO.NO.94, BALAJI LAYOUT, 4TH CROSS, COLLEGE STOP, BYADRAHALLY, MAGADI MAIN ROAD, BANGALORE - 560 091 5. SMT. JAYAMMA ALIAS JAGADAMBA AGED ABOUT 57 YEARS, W/O LATE SIDDALINGAPPA, 6. SRI CHIDAMBARA MURTHY S AGED ABOUT 38 YEARS, S/O LATE SIDDALINGAPPA, 7. SMT. ROOPA AGED ABOUT 36 YEARS, D/O LATE SIDDALINGAPPA, W/O MR M R BASAVARAJU, - 3 - HC-KAR NC: 2025:KHC:45191 CMP No. 168 of 2023 R/AT MOTAGANAHALLY, SOLURU HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT - 562 127 8. SMT. SHANTHA KUMARI S AGED ABOUT 33 YEARS, D/O LATE SIDDALINGAPPA, W/O VYDHYANATH, R/AT NEAR VEERABHADRASWAMY TEMPLE, SHIVANAPURA, DASANAPURA HOBLI, BANGALORE NORTH - 562 123 9. SRI VEERABHADRAIAH AGED ABOUT 61 YEARS, S/O LATE SIDDAVEERAPPA, 10. SRI C V RAJISH AGED ABOUT 30 YEARS, S/O SRI VEERABHADRAIAH, 11. SMT. ASHARANI AGED ABOUT 25 YEARS, D/O SRI VEERABHADRAIAH 12. SRI MALLARADHYA AGED ABOUT 56 YEARS, S/O LATE SIDAVEERAPPA, 13. SRI RAJESH AGED ABOUT 25 YEARS, S/O SRI MALLARADHYA, 14. SRI SOMASHEKAR C M AGED ABOUT 22 YEARS, S/O SRI MALLARADHYA, - 4 - HC-KAR NC: 2025:KHC:45191 CMP No. 168 of 2023 RESPONDENTS NO.5, 6 AND 9 TO 14 ARE R/AT CHIKKAVEERAIAHNA PALYA, TAVAREKERE DHAKALE, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK. 15. SRI H M RAVEESH AGED ABOUT 61 YEARS, S/O LATE MAHALINGAIAH, R/AT 5TH MAIN, 5TH CROSS, JAYANAGAR EAST, SHETTYHALLI MAIN ROAD, OPP. HELEN KEVER DEAF SCHOOL, HOSAMANE, TUMAKURU - 572 102 …RESPONDENTS (BY SRI. SUDHAKAR D.N. FOR SRI. VIRUPAKSHAIAH P.H., ADVOCATE FOR R1; RESPONDENTS NO.2 TO 5, R7, R8, R10, AND R-15 ARE SERVED; NOTICE TO R6, R11 AND R14 IS HELD SUFFICIENT V/O DT.07.02.2024; SMT. KAVYASHREE G.S., ADVOCATE FOR R-9, R12 & 13) *** THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT HON'BLE JUSTICE SRI M. RAMACHANDRA (RETIRED DISTRID AND SESSIONS JUDGE), HAVING ADDRESS AT NO 4, FIRST FLOOR, 3RD CROSS, KILARI ROAD, BENGALURU - 560 053, AS THE SOLE ARBITRATOR TO ENTER UPON REFERENCE AND PASS AWARD IN THE MATTER OF DISPUTES BETWEEN THE PETITIONER ON THE ONE SIDE AND THE RESPONDENTS ON THE OTHER SIDE FOR DECIDING THE CLAIM OF THE PETITIONER FOR SPECIFIC PERFORMANCE - 5 - HC-KAR NC: 2025:KHC:45191 CMP No. 168 of 2023 AND FOR OTHER RELIEF(S); AS POR CLAUSE 18 OF THE AGREEMENT OF SALE DATED 10/02/2011 IE ANNEXURE-A AND ETC. THIS CIVIL MISC. PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: " (a) to appoint Hon'ble Justice Sri M. Ramachandra (Retired District and Sessions Judge), having address at No 4. First Floor, 3 Cross, Kilari Road, Bengaluru 560 053, as the sole Arbitrator to enter upon reference and pass award in the matter of disputes between the petitioner on the one side and the respondents on the other side for deciding the claim of the petitioner for specific performance and for other relief(s); as per clause 18 of the Agreement of Sale dated 10/2/2011 i.e. Annexure - A. (b) to award costs and grant such other relief(s) as this Hon'ble Court deems fit and expedient in the circumstances of the case, in the interests of justice and equity." 2. After arguing for sometime, both counsels submit that initially the matter may be referred to mediation and in the event of mediation not being successful, - 6 - HC-KAR NC: 2025:KHC:45191 CMP No. 168 of 2023 an arbitrator could be appointed. In that view of the matter, I pass the following: ORDER i. CMP is allowed. ii. The matter is referred to mediation. The Director, Karnataka Mediation Centre to appoint a mediator to resolve the dispute between the parties. Since, order is passed in the presence of both the counsels they shall appear before the Director, Karnataka Mediation Centre without requirement of any further notice at 02.30 p.m. on 26.11.2025. iii. In the event of mediation being successful, the successful mediation report to be placed before this Court. iv. In the event of mediation not being successful, the Director of Mediation Center is directed to - 7 - HC-KAR NC: 2025:KHC:45191 CMP No. 168 of 2023 forward the copy of the file to the Director of Arbitration and Conciliation Center attached to this Court. v. Sri.P.Vishwanatha Shetty., former Judge of this Court is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court with the consent of both parties. vi. All contentions are kept open. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 19 CT-SG