- 1 - HC-KAR NC: 2025:KHC:49659 CMP No. 436 of 2023 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. 436 OF 2023 BETWEEN: 1. SRI. T.B.G. ARADHYA S/O. LATE T.G. BASAVARADHYA, AGED ABOUT 74 YEARS, R/AT NO. 100, VAISHANVI SYMPHONY, FLAT NO. 202, 11TH CROSS, MALLESHWARAM, BENGALURU - 560 003. …PETITIONER (BY SRI. ROOPESHA B., ADVOCATE) AND: 1. MR. SHAKEEL PASHA K. N. S/O. NASAR AHMED K. G., AGED ABOUT 45 YEARS, R/AT NO.40, 10TH MAIN, KEB COLONY, 1ST CROSS, 1ST STAGE, BTM 1ST STAGE, 1ST PHASE, BENGALURU - 560 029. 2. DREAM HOME INTERIOR AND FURNITURE NO.25, ARADHYA COMPLEX, 100 FEET ROAD, BTM 2ND STAGE, 1ST PHASE, BENGALURU - 560 076, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49659 CMP No. 436 of 2023 REPRESENTED BY ITS PROPRIETOR, MR. SHAKEEL PASHA. K. N., S/O. NASAR AHMED, K.G. …RESPONDENTS (R2 - SERVED) THE ADVOCATE FOR THE PETITIONER HAS FILED THE ABOVE CIVIL MISC. PETITION UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO APPOINT AN ARBITRATOR AS PER THE PROVISION OF SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND REFER THE DISPUTE BETWEEN THE PARTIES TO THE ARBITRATOR TO SETTLE THE SAME AS MENTIONED AT PARA 29 OF THE RENTAL AGREEMENT DATED 15.04.2019 VIDE ANNEXURE A, IN THE INTEREST OF JUSTICE, ACCORDING TO LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; "(a) Wherefore, it is respectfully prayed that this Hon'ble Court may be pleased to appoint an Arbitrator as per the - 3 - HC-KAR NC: 2025:KHC:49659 CMP No. 436 of 2023 provision of Section 11(6) of the Arbitration & Conciliation Act, 1996 and refer the dispute between the parties to the arbitrator to settle the same as mentioned at Para 29 of the Rental Agreement dated 15.04.2019 vide Annexure-A, in the interest of justice according to law." 2. Memo dated 28.11.2025 has been filed signed by the learned for the petitioners, which reads as under: "The undersigned counsel appearing for the petitioner submits that the petitioner and respondents have settled out of the Court, hence the present petition does not survive for consideration, hence the petitioner may be permitted to withdraw the above petition, in the interest of justice and equity. " 3. Accepting the said memo, petition is dismissed as withdrawn. 4. Pending IA.s if any, stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE VS CT-SG List No.: 3 Sl No.: 89