SRI. R NARAYANAPPA @ CHIKKANNARAYAPPA v. MS. S CHAITRA
CMP/403/2023 · 2025-10-24
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80804 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80804 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42265 CMP No. 403 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24THDAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 403 OF 2023 BETWEEN:
1.
SRI. R NARAYANAPPA @ CHIKKANNARAYAPPA S/O LATE RAMAIAH, AGED ABOUT 67 YEARS,
2.
SMT AKKAYAMMA D/O R NARAYANAPPA @ CHIKKANARAYANAPPA AGED ABOUT 62 YEARS,
3.
KUM BINDU D/O LATE SAVITHA GRAND D/O R NARAYANAPPA @ CHIKKANARAYANAPPA, AGED ABOUT 21 YEARS,
4.
SMT SUJATHA D/O R NARAYANAPPA @ CHIKKANARAYANAPPA AGED ABOUT 37 YEARS,
5.
SMT PRAMEELA W/O LATE RAMESHA, GRAND D/O R NARAYANAPPA @ CHIKKANARAYANAPPA AGED ABOUT 34 YEARS,
6.
MASTER KISHAN S/O LATE RAMESHA, GRAND S/O R NARAYANAPPA @ CHIKKANARAYANAPPA AGED ABOUT 13 YEARS, (SINCE MINOR REPRESENTED BY HIS MINOR GUARDIAN MOTHER SMT. PRAMEELA)
ALL ARE PRESENTLY RESIDING AT NO. 205, THANISANDRA, THANISANDRA POST, BENGALURU NORTH TALUK,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:42265 CMP No. 403 of 2023
BENGALURU - 560077
…PETITIONERS (BY SRI. MANJUNATHA H A.,ADVOCATE)
AND:
MS. S CHAITRA D/O SRI K SRINIVASAIAH, W/O KISHORE R AGED ABOUT 31 YEARS, R/AT ‘MANASU’ DODDA JALA VILLAGE AND POST, BENGALURU NORTH TALUK, BENGALURU - 562 157.
ALSO AT
C/O RAMACHANDRAPPA, SUGGATTA VILLAGE, JALA HOBLI, HUNASAMARANAHALLI POST, BENGALURU NORTH TALUK, BENGALURU - 562 157.
…RESPONDENT (BY SRI. SUSHAL TIWARI N.,ADVOCATE)
This CMP is filed under Section 11(6) of the Arbitration And Conciliation Act, 1996 praying to appoint Mr. Namirasul S Mamadapur as Sole Arbitrator or any learned retired District Judge as Sole Arbitrator to redress the existing dispute between the petitioners and the respondent, as per clause 19 of Sale Agreement cum full settlement agreement dated 23.06.2016 which is produced as per Annexure-D, under Sec.11(6) of Arbitration and Conciliation Act and further be pleased to grant such other appropriate orders, reliefs, directions as the case may be deems fit in the circumstances of the case in the interest of justice.
THIS CMP, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
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HC-KAR NC: 2025:KHC:42265 CMP No. 403 of 2023
ORAL ORDER
1. The Petitioners are before this Court seeking for the following reliefs;
“Appoint Mr. Namirasul S Mamadapur as Sole Arbitrator or any learned retired District Judge as Sole Arbitrator to redress the existing dispute between the petitioners and the respondent, as per clause 19 of Sale Agreement cum full settlement agreement dated 23.06.2016 which is produced as per Annexure-D, under Sec.11(6) of Arbitration and Conciliation Act and further be pleased to grant such other appropriate orders, reliefs, directions as the case may be deems fit in the circumstances of the case in the interest of justice”.
2. After arguing for some time, both the counsel submit that the execution of the agreement of sale being governed by an Arbitration Clause not being in dispute, an Arbitrator could be appointed by this Court keeping all contentions open to be decided by learned Arbitrator.
3. In that view of the matter, I pass the following;
ORDER i. CMP is allowed. ii. Sri Narendra Kumar Gunaki, a Former District Judge of the District Judiciary, State of
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HC-KAR NC: 2025:KHC:42265 CMP No. 403 of 2023
Karnataka is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. iii. Registry is directed to forward a copy of this
order to the Director, Arbitration & Conciliation Centre for doing the needful. iv. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 13.11.2025.
SD/- (SURAJ GOVINDARAJ) JUDGE
KTY List No.: 1 Sl No.: 12