- 1 - HC-KAR NC: 2025:KHC:45440 CMP No. 22 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 22 OF 2024 BETWEEN: SRI CHANDRU M, S/O MUNIANJANAPPA, AGED ABOUT 55 YEARS, R/AT NO. 529, 1ST CROSS, 1ST MAIN ROAD, SHIVA SHANKARA BLOCK, HEBBAL, BANGALORE 560 024. …PETITIONER (BY SRI YADUNANDAN S & SRI HARSHAVARDHAN N, ADVOCATES) AND: 1. SRI B M MADAPPA ALIAS MAHADEV, S/O LATE R MUNISHAMAPPA, AGED ABOUT 79 YEARS. 2. SMT. GOWRAMMA, W/O B M MADAPPA ALIAS MAHADEV, AGED ABOUT 69 YEARS. 3. SRI B M MUNIRAJU, S/O B M MADAPPA ALIAS MAHADEV, AGED ABOUT 52 YEARS. 4. SRI B M PRADEEP, S/O B M MADAPPA ALIAS MAHADEV, AGED ABOUT 28 YEARS. 5. SRI B A LITHESH, S/O B M MADAPPA ALIAS MAHADEV, AGED ABOUT 27 YEARS. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45440 CMP No. 22 of 2024 6. SRI B M ASHOK, S/O B M MADAPPA ALIAS MAHADEV, AGED ABOUT 50 YEARS. 7. SMT. B M MANJULA, D/O B M MADAPPA ALIAS MAHADEV, AGED ABOUT 46 YEARS. 8. SMT. B M GIRIJA, D/O B M MADAPPA ALIAS MAHADEV, AGED ABOUT 44 YEARS. ALL ARE R/AT BYRATHI VILLAGE, DODDAGUBBI POST, BIDARAHALLI HOBLI, BANGALORE EAST TALUK BANGALORE 560 077. REP BY THEIR GPA HOLDER R-1 TO R-8 M/S YASHASWINI BUILDER PVT. LTD., HAVING ITS OFFICE AT NO. 40, AND 41 6TH CROSS, BHUVANESHWARI NAGARA, DASARAHALLI HEBBALA, BANGALORE 560 024. REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, SRI MAHESH GURUJAPALLI. 9. M/S. YASHASWINI BUILDER PVT. LTD., HAVING ITS OFFICE AT NO. 40 AND 41 6TH CROSS, BHUVANESHWARI NAGARA, DASARAHALLI HEBBALA, BANGALORE-560 024. REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, SRI MAHESH GURUJAPALLI. …RESPONDENTS (R-1 B.M MADAPPA ALIAS MAHADEV- SERVED; R-2 GOWRAMMA - SERVED; R-3 B M MUNIRAJU - SERVED; R-4 B M PRADEEP - SERVED; R-5 B A LITHESH - SERVED; R-6 B M ASHOK - SERVED; R-7 B M MANJULA - SERVED; - 3 - HC-KAR NC: 2025:KHC:45440 CMP No. 22 of 2024 R-8 B M GIRIJA - SERVED; R-9 YASHSWINI BUILDER PVT. LTD., R/BY ITS CHAIRMAN & M D MAHESH GURUJAPPALI - SERVED; (R-9 IS GPA HOLDER FOR R-1 TO R-8)) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)(A) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THAT THIS HONBLE COURT BE PLEASED TO APPOINT AN ARBITRATOR TO RESOLVE THE EXISTING DISPUTE BETWEEN THE PARTIES HEREIN IN TERMS OF THE ARBITRATION CLAUSE CONTAINED IN THE AGREEMENT OF SALE DATED 15.02.2019 (ANNEXURE C) CLAUSE 20 AND GRANT SUCH OTHER AND FURTHER RELIEFS IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, 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; "WHEREFORE, the Petitioner respectfully prays that this Hon'ble Court be pleased to appoint an arbitrator to resolve the existing dispute between the parties herein in terms of the arbitration clause contained in the agreement of sale dated 15.02.2019 (Annexure C) and grant such other further reliefs in the ends of justice clause 20 in the agreement of sale dated 15.02.2019 relating to this Agreement in any matter whatsoever, the same shall be settled in accordance of Indian Arbitration Act, 1940 at Annexure-C”. 2. After arguing for sometime, learned counsel for the petitioner seeks permission to withdraw the above - 4 - HC-KAR NC: 2025:KHC:45440 CMP No. 22 of 2024 petition with liberty to issue a fresh notice to all the parties to the agreement of sale. 3. Reserving such liberty, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 26