- 1 - HC-KAR NC: 2025:KHC:42050-DB WP No. 22929 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 22929 OF 2025 (GM-RES) BETWEEN: 1. BANGALORE BAPTIST CHURCH A REGISTERED TRUST REPRESENTED BY ITS CHAIRMAN, PASTOR DANIEL A. BHASME, AGED 56 YEARS, S/O LATE ANANTH BHASME, NO.11, COMMISSARIAT ROAD, BANGALORE -560 025 …PETITIONER (BY SRI. MANU PRABHAKAR KULKARNI, ADVOCATE ALONG WITH SMT. CHHAYA K., ADVOCATE) AND: 1. CHARLES ISAAC AGED MAJOR 316, 1ST CROSS, 3RD BLOCK, HRBR LAYOUT, ST. THOMAS TOWN, BANGALORE 560 084 2. CHARLES PRABHAKAR AGED MAJOR HITHANANDA 2, 1ST FLOOR, 48, LAVELLE ROAD, BANGALORE - 560 001 3. VERKEY GEORGE AGED MAJOR CLAIMANT Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42050-DB WP No. 22929 of 2025 SHELTER NO. 29, 2ND MAIN, MUNIREDDY LAYOUT, HORAMAVU, BANGALORE 560 043 4. M/S. NITESH ESTATES LIMITED LEVEL 7, NITESH TIMES SQUARE, NO.8, MG ROAD, BANGALORE - 560 001. REPRESENTED BY ITS DIRECTOR 5. HON'BLE ARBITRAL, TRIBUNAL AT BANGALORE, REPRESENTED BY ITS DIRECTOR ARBITRATION & CONCILIATION CENTRE, KHANIJA BHAVANA, No.49, 3RD FLOOR, EAST WING, RACE COURSE ROAD, BANGALORE-01. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENT NO.5 (ARBITRAL TRIBUNAL) TO FORTHWITH CONSIDER AND HEAR ON MERITS THE PETITIONERS INTERLOCUTORY APPLICATION FOR IMPLEADMENT DATED 01/07/2025 VIDE ANNEXURE-C FILED IN ARBITRATION CASE ARISING OUT OF CMP NO.227/2020, AND TO GRANT AN EFFECTIVE OPPORTUNITY OF HEARING BEFORE PROCEEDING FURTHER WITH THE ARBITRAL PROCEEDINGS, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:42050-DB WP No. 22929 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) After some arguments, Sri. Manu Prabhakar Kulkarni, learned counsel for the petitioner submits that the petitioner had filed original suit for declaration of the arbitration agreement seeking the following prayers:- "WHEREFORE, it is humbly prayed that this Hon'ble Court may be pleased to pass a judgment and decree to: a. Declare the Supplemental Trust deed dated:21.09.2005, registered as Document No.524 of 2005-2006, before the office of Sub-Registrar, Shivajinagar, Bangalore as null and void and not binding on the Plaintiff; b. declare the Joint Development Agreement dated 27.06.2012, executed between the Defendants as null and void an not binding on the Plaintiff; c. declare the General Power of Attorney dated 27.06.2012, executed between the Defendants, as null and void and not binding on the Plaintiff; - 4 - HC-KAR NC: 2025:KHC:42050-DB WP No. 22929 of 2025 d. permanently restrain the Defendants, their agents, successors or anybody claiming through or under them, from interfering with the Plaintiff's possession use and enjoyment of the Suit Schedule Property, in any manner whatsoever. e. To direct the Defendants to pay costs of this suit; f. To grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case." 2. The said original suit O.S.No.7515/2023 has been dismissed, against the dismissal of the suit, petitioner has already preferred R.F.A.No.1559/2024, which is pending for consideration. 3. He further submits that petitioner be permitted to withdraw this petition and pursue the pending appeal. 4. We therefore allow the petitioner to withdraw this petition and pursue the appeal pending before this Court in RFA.No.1559/2024. - 5 - HC-KAR NC: 2025:KHC:42050-DB WP No. 22929 of 2025 5. With the aforesaid we dismiss this petition as withdrawn. Sd/- (D K SINGH) JUDGE Sd/- (RAJESH RAI K) JUDGE NG List No.: 1 Sl No.: 16