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2025 DAILYLAW 81637 (KAR)

SRI M NARAYANA @ NISHANTH v. M/S M G DEVELOPERS

CMP/444/2024 · 2025-11-28

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:49770 CMP No. 444 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 444 OF 2024 BETWEEN: SRI M NARAYANA @ NISHANTH S/O. LATE N. MUNISWAMAIAH, AGED ABOUT 44 YEARS, R/AT NO. 2/17, SUMUKA, 1ST CROSS, POOJARI LAYOUT, RMV EXTENSION, 2ND STAGE, BANGALORE- 560 094. …PETITIONER (BY SRI. SHREERAM TIMMAPPA NAYAK., ADVOCATE) AND: 1. M/S M G DEVELOPERS REPRESENTED BY ITS PROMOTER, ABHISHEK GOWDA. C. M.,. O/A. CHOLAPPANAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, HOSAKOTE-562 122. 2. SRI. ABHISHEK GOWDA. C. M. PROMOTER OF M/S. M.G. DEVELOOPERS, S/O. LATE MUNISWAMY GOWDA, AGED ABOUT 26 YEARS, R/A. CHOLAPPANAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, HOSAKOTE-562 122. 3. SMT. RUKKAMMA W/O. LATE N. MUNISWAMAIAH, AGED ABOUT 76 YEARS, 4. SRI. BYRE GOWDA @ BYRAV GOWDA SON OF LATE N. MUNISWAMAIAH, AGED ABOUT 48 YEARS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49770 CMP No. 444 of 2024 5. SMT. SNEHALATHA. R WIFE OF BYRE GOWDA @ BYRAV GOWDA, AGED ABOUT 42 YEARS, 6. PAVAN SANDESH. B SON OF BYRE GOWDA @ BYRAV GOWDA, AGED ABOUT 19 YEARS, 7. LAKSHMI PURVIKA. B D/O. BYRE GOWDA @ BYRAV GOWDA, AGED ABOUT 16 YEARS, REPRESENTED BY HER FATHER AND NATURAL GUARDIAN, BYRE GOWDA @ BYRAV GOWDA, NO.3 TO 7 ALL ARE RESIDING AT NO. 3, NARAYANAPPA COMPOUND, RMV EXTENSION, 2ND STAGE, GEDDALAHALLI, BANGALORE- 560 094. …RESPONDENTS (R1, R2, R4- SERVED V/O DT.23.6.2025 NOTICE TO R3, R5 AND R6 H/S) THIS ABOVE CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING THAT THIS HONBLE COURT BE PLEASED TOA NOMINATE AND APPOINT A SOLE ARBITRATOR TO ADJUDICATE UPON THE DISPUTES BETWEEN PETITIONER AND RESPONDENTS IN REFERENCE TO CLAUSES OF JOINT DEVELOPMENT AGREEMENT DATED 03.03.2022 AS PER ANNEXURE-A CLAUSE AT 14 ENTERED BETWEEN PETITIONER AND THE RESPONDENTS HEREIN B GRANT SUCH OTHER RELIEFS THAT THIS HONBLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE. POST CMP FOR ADMISSIONBEFORE THE HONBLE DESIGNATED JUDGE THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:49770 CMP No. 444 of 2024 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: (a) Nominate and Appoint a Sole Arbitrator to adjudicate upon the disputes between petitioner & respondents in reference to clauses of Joint Development Agreement dated 03.03.2022 as per Annexure-A Clause 14 between Petitioner & the Respondents herein; (b) Grant such other relief's that this Hon'ble Court deems fit to grant in the circumstances of the case. 2. A memo dated 28.11.2025 has been filed signed by the petitioner and the counsel for the petitioner, which reads as under: "The Petitioner herein submits that the above matter has been settled between the parties out of Court and as such the petitioner seeks to withdraw the above appeal as not pressed. Hence this Memo for withdrawal. Therefore, the same may be taken on record in the interest of justice and equity." 3. Accepting the said memo, and submission of the counsel for the petitioner, the petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 2 Sl No.: 14