Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:17392 CMP NO.235 OF 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANESOU PETITION NO.235 OF 2022 BETWEEN:
SMT R. RAJESHWARI W/O LATE. H. RAMACHANDRAPPA, R/AT AJJAMPURA TOWN, AJJAMPURA TALUK, CHIKKAMAGALURU DISTRICT - 577 547. …PETITIONER (BY SRI. SRIKANTH PATIL K., ADVOCATE) AND:
1.
B. BASAPPA SINCE DECEASED, BY LRS.
1(a).
SMT. DRAKSHAYINI D/O LATE B. BASAPPA, AGE: MAJOR, R/O CHIKKANAYAKANAHALLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 548.
1(b).
SMT. KANTHAMANI D/O LATE B. BASAPPA, AGE: MAJOR, R/AT GIRINAGARA, TARIKERE - 577 228.
1(c).
SRI. B. LOKESH SINCE DECEASED, BY LRS.
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:17392 CMP NO.235 OF 2022
1(c)(i).
SMT. SUDHA W/O LATE B. LOKESH, AGE: MAJOR.
1(c)(ii).
SMT. ARPITHA D/O LATE B. LOKESH AGE: MAJOR.
1(c)(iii). KUM. ANKITHA D/O LATE B. LOKESH, AGE: MINOR, REP. BY HER MOTHER SMT. SUDHA (RESPONDENT NO.1(c)(i).
1(c)(iv). KUM. HARSHITHA D/O LATE B. LOKESH AGE: MINOR, REP. BY HER MOTHER SMT. SUDHA (RESPONDENT NO.1(c)(i).
RESPONDENTS 1(c)(i) TO 1(c)(iv) ARE R/O ATHIOMOGHE, AJJAMPURA POST, AJJAMPURA - 577 547.
1(d).
SRI. B. SURESH S/O LATE B. BASAPPA, AGE: MAJOR, R/AT ATTIMOGHE, AJJAMPURA POST, AJJAMPURA - 577 547.
1(e).
SMT. JAYAMMA D/O LATE B. BASAPPA, AGE: MAJOR, R/AT ATTIMOGHE, AJJAMPURA POST, AJJAMPURA - 577 547.
2.
SRI. SUNIL KUMAR S/O. LATE. B.H. NARASIMHA MURTHY,
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HC-KAR NC: 2026:KHC:17392 CMP NO.235 OF 2022
AGE: MAJOR, R/AT BETE RANGANATHA TEMPLE ROAD, BIRURU, KADUR TALUK, CHIKMAGALURU DISTRICT - 577 116.
3.
SRI. CHIRANJEEV S/O LATE. L. KRISHNAMURTHY, AGE: MAJOR, R/AT SHIVESHWARA ROAD, B.H. ROAD, BIRURU, KADURU TALUK, CHIKAMAGALURU DISTRICT - 577 116.
…RESPONDENTS (BY SRI. L.S. SHEKAR, ADVOCTE FOR R2 TO R3;
R1(a), (b), (d) AND (E); R1(c)(i), (ii) - SERVED)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT SRI. M.S. LOKESH, ADVOCATE, KADUR AS THE SOLE ARBITRATOR TO RESOLVE THE DISPUTE IN RESPECT OF THE PARTNERSHIP DEED DATED 01ST DECEMBER, 1984 AND ALSO RECONSTITUTION DEED OF PARTNERSHIP DATED 06TH MAY, 1998 VIDE ANNEXURES 'A' AND 'B' RESPECTIVELY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER
In this petition, the petitioner is seeking an appointment of Sole Arbitrator to resolve the dispute between the parties in respect of Partnership Deed dated 01st December, 1984
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HC-KAR NC: 2026:KHC:17392 CMP NO.235 OF 2022
(Annexure-A) and Reconstitution Deed of Partnership dated 06th May, 1998 (Annexure-B).
2. Heard Sri. Srikanth Patil K., learned counsel appearing for the petitioner and Sri. L.S. Shekar, learned counsel appearing for respondents 2 and 3.
3. Having taken note of the submission made by
learned counsel appearing for the parties, I have carefully perused Clause 19 of the Reconstitution Deed of Partnership dated 06th May, 1998 (Annexure-B) as well as Clause 15 of the Partnership Deed dated 01st December, 1984 (Annexure-A), which provides for resolution of dispute between the parties through an Arbitration. In that view of the matter, I am of the view that, a retired District Judge be appointed as Arbitrator to resolve the dispute between the parties.
4. Therefore, Dr. S.B.N. Prakash, District Judge (Retired) is appointed as an Arbitrator to resolve the dispute between the parties in the Arbitration and Conciliation Centre (Domestic and International), Bengaluru. In order to avoid further delay in the matter, parties are directed to appear
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HC-KAR NC: 2026:KHC:17392 CMP NO.235 OF 2022
before the Arbitration and Conciliation Centre (Domestic and International), Bengaluru on 22nd April, 2026 at 11.00 a.m.
5. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal.
6. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru for proceeding further in the matter.
7. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file.
Accordingly, Civil Miscellaneous Petition is disposed of.
SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 1