- 1 - HC-KAR NC: 2025:KHC:43908 WP No. 32791 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 32791 OF 2025 (GM-CPC) BETWEEN: M/S S S BUILDERS AND PROMOTERS A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT SS SAMRUDDI 7TH MAIN ROAD, MCC B BLOCK,OPP CORPORATION SWIMMING POOL, DAVANAGERE-577006 REPRESENTED BY ITS PARTNERS, MR SHEIKH SIRAJUDDIN, S/O S M KASIM, AGEDA BOUT 70 YEARS, AND MR ASHOK P JANNU, S/O PANDUNARAGA JANNU, AGED ABOUT 60 YEARS. …PETITIONER (BY SRI. LAKAMAPURMATH CHIDANANDAYYA., ADVOCATE) AND: 1. MR G SURESH S/O MR G MAHADEV RAO, AGED ABOUT 61 YEARS, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43908 WP No. 32791 of 2025 R/AT NO.3428/88 AND 89, BASAVESHWARANAGARA, KUNDAWADA ROAD, DAVANAGERE-577006. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- A) CALL FOR THE RECORDS WHICH ULTIMATELY RESULTED IN PASSING THE ORDER ANNX-A DATED 15.10.2025 ON IA NO. II FILED UNDER SECTION 8 OF ARBITRATION AND CONCILIATION ACT IN OS NO. 147/2024 ON FILE OF III ADDL CIVIL JUDGE AND JMFC, DAVANAGERE; B) QUASH THE ORDER ANNEXURE-A DATED 15.10.2025 ON I.A. NO. II FILED UNDER SECTION 8 OF THE ARBITRATION AND CONCILIATION ACT IN O.S. 147/2024 ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC, DAVANAGERE AND CONSEQUENTLY REFER DISPUTE TO THE ARBITRATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:43908 WP No. 32791 of 2025 ORAL ORDER Sri L M Chidanandayya, the learned counsel for the petitioner, has filed a memo for withdrawal which reads as under: "The Petitioner filed the above Writ Petition challenging the order dated 15.10.2025 passed by the III Addl. Civil Judge & JMFC, Davanagere on I.A. No.II filed under Section 8 of the Arbitration and Conciliation Act in O.S. No.147/2024. This Hon'ble Court raised an objection that the order impugned is appealable under Section 37(1)(a) of the Arbitration and Conciliation Act. Therefore, the Petitioner prays this Hon'ble Court to permit the Petitioner to withdraw the above Writ Petition with liberty to file appeal under Section 37(1)(a) of the Arbitration and Conciliation Act. WHEREFORE, it is prayed that this Hon'ble Court may be pleased to permit the petitioner to withdraw the above writ petition with liberty to file the appeal under Section 37[1][a] of Arbitration and Conciliation Act, in the interest of justice " - 4 - HC-KAR NC: 2025:KHC:43908 WP No. 32791 of 2025 The memo is accepted, and the petition stands disposed of as withdrawn with liberty to the petitioner, subject to all just exceptions, to avail the other remedies available in law. SD/- (B M SHYAM PRASAD) JUDGE AN/-