- 1 - HC-KAR NC: 2025:KHC:52914 CMP No. 377 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 377 OF 2023 BETWEEN: 1. SMT. SADHNENI AJITHA KUMARI W/O VELAKATURI BALAJI NAIDU, AGED ABOUT 47 YEARS, 2. SRI. VELAKATURI BALAJI NAIDU, S/O V. JAYARAMA NAIDU, AGED ABOUT 51 YEARS, BOTH ARE HAVING ADDRESS AT: NO.678, 5TH STREET, FERNS PARADISE, DODDANEKKUNDI OUTER RING ROAD, BANGALORE - 560 037. …PETITIONERS (BY SRI. VISHNU HEGDE, ADVOCATE) AND: 1. SRI. GIRIYAPPA KRISHNAPPA AGED ABOUT 67 YEARS, S/O LATE SHRI GIRIYAPPA 2. SRI. K. SURESH AGED ABOUT 42 YEARS, S/O G. KRISHNAPPA SINCE RESPONDENT NO.2 DEAD Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52914 CMP No. 377 of 2023 BY HIS LEGAL HEIRS. 2(A). SMT. MANJULA B.C. W/O. LATE K. SURESH AGED ABOUT 29 YEARS, 2(B). MASTER KUSHAL ADITHY S. S/O. LATE K. SURESH AGED ABOUT 9 YEARS, 2(C). MASTER DAKSHA MAYUR S. S/O. LATE K. SURESH AGED ABOUT 5 YEARS, PROPOSED LRS NO.2 (b) and (c) ARE MINORS AND REP. BY THE LR. NO. 2(a) MOTHER AND NATURAL GUARDIAN ALL ARE R/A NO. 31, HIRANDAHALLI ROAD, NEAR SAIRAM LAYOUT, VIRGO NAGAR POST, BENGALURU - 560 049. 3. SRI. K.A. GANESHA AGED ABOUT 40 YEARS, S/O G. KRISHNAPPA ALL ARE RESIDING AT NO.231, HIRANDAHALLI MAIN ROAD, NEAR SRIRAM LAYOUT, VIRGO NAGAR POST, BANGALORE - 560 049. …RESPONDENTS (BY SRI. BABU G.N, ADVOCATE FOR R1 AND R3; R2 (A) - MANJULA B.C - SERVED (R2 (B) AND (C) ARE MINOR REP. BY R2(A)) - 3 - HC-KAR NC: 2025:KHC:52914 CMP No. 377 of 2023 THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO ALLOW THE PETITION BY APPOINTING THE COMPETENT PERSON AS THE SOLE ARBITRATOR AND DIRECT HIM TO ADJUDICATE ALL THE DISPUTES AND DIFFERENCE BETWEEN THE PETITIONERS AND THE RESPONDENTS AS PER CLAUSE 13 OF THE TERMS OF THE SALE AGREEMENT DATED 10/10/2020 ANNEXURE 'A' IN RESPECT OF THE CLAIMS OF THE PARTIES AND TO DECIDE THE SAME IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs: "WHEREFORE, it is humbly prayed that, this Hon'ble Court be pleased to allow the petition by appointing the competent person as the Sole Arbitrator and direct him to adjudicate all the disputes and difference between the petitioners and the respondents as per Clause 13 of the terms of the Sale Agreement dated 10/10/2020 at Annexure A in respect of the claims of the parties and to decide the same in accordance with law, in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:52914 CMP No. 377 of 2023 2. After arguing for sometime, both the learned counsel submits that initially matter may be referred to mediation, thereafter an Arbitrator could be appointed in the event of mediation not being successful. 3. In that view of the matter, I pass the following: ORDER (i) Civil Miscellaneous Petition is allowed. (ii) The matter is referred to Bangalore Mediation Centre. The Director, Mediation Centre is requested to depute a Mediator to resolve the dispute between the parties amicably. (iii) Since the order is passed in the presence of both the counsel, the parties shall appear at 2.30 p.m. on 12.01.2026 before the Director, Bengaluru Medication Center. (iv) In the event of mediation not being successful, the matter is referred to Arbitration. (v) Shri H.R. Srinivas, former District Judge is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the - 5 - HC-KAR NC: 2025:KHC:52914 CMP No. 377 of 2023 aegis of the Arbitration Centre attached to this Court. (vi) All contentions are left open. (vii) Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE JY List No.: 1 Sl No.: 29