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2026 DAILYLAW 15160 (KAR)

SRI K R SATHYANARAYANA v. SMT UMA B S

CMP/432/2025 · 2026-03-12

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14795 CMP No. 432 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION No. 432 OF 2025 BETWEEN: 1. SRI. K. R. SATHYANARAYANA AGED 64 YEARS S/O. SRI. K.V. RAMASWAMY RESIDING AT No. 905/85 4TH MAIN, 5TH CROSS VIDYARANYAPURAM MYSORE- 570 008 TODAY AT BENGALURU. 2. SMT. K.S. DAKSHAYINI AGED 60 YEARS W/O. K.R. SATHYANARAYANA RESIDING AT No. 905/85 4TH MAIN, 5TH CROSS VIDYARANYAPURAM MYSORE- 570 008 TODAY AT BENGALURU. …PETITIONERS (BY SRI. D. PRABHAKAR, ADVOCATE) AND: 1. SMT UMA B. S. AGED 60 YEARS W/O LATE H.S. PRASANNA KRISHNA MURTHY No. 1076, 10TH CROSS , K.R. PURAM HASSAN – 573 201. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14795 CMP No. 432 of 2025 2. SRI. SHREYAS H.P AGED 33 YEARS S/O. LATE. H.S. PRASANNA KRISHNA MURTHY No. 1076, 10TH CROSS, K.R. PURAM HASSAN – 573 201. 3. SRI. SUHAS H.P AGED 33 YEARS S/O. LATE. H.S. PRASANNA KRISHNA MURTHY No. 1076, 10TH CROSS, K.R. PURAM HASSAN – 573 201. 4. SRI. M.V. RAMPRASAD S/O. LATE. M.N. VENKATASUBBALAH AGED MAJOR 5. SMT. SUMA.N W/O. SRI. M.V. RAMPRASAD AGED MAJOR, 6. SRI. ADVAITH SRIVATSA M.R. S/O. SRI. M.V. RAMPRASAD AGED MAJOR 7. SMT. LAKSHMI SUCHETHA M.R. D/O. SRI. M.V. RAMPRASAD AGED MAJOR R4 TO R7 ARE RESIDING AT No.1063/19 1ST MAIN, 3RD CROSS VIDYARANYAPURAM MYSORE-570 008. …RESPONDENTS (BY SRI HALLI SHANTAPPA BASAPPA, ADVOCATE FOR R1 TO R3; R4 TO R7 ARE DISMISSED AS NOT PRESSED) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE PENDING BETWEEN THE PETITIONERS AND RESPONDENTS IN TERMS OF - 3 - HC-KAR NC: 2026:KHC:14795 CMP No. 432 of 2025 CLAUSE 21 OF THE PARTNERSHIP DEED DATED 27.06.2019 VIDE DOCUMENT No.3 AND THE RENTAL AGREEMENT DATED 02.12.2022 VIDE DOCUMENT No.5. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. This petition is filed under Section 11(6) of Arbitration and Conciliation Act, 1996, seeking appointment of Arbitrator. 3. Sri. D. Prabhakar, learned counsel appearing for the petitioner invited the attention of the Court to Clause 21 of the Partnership Deed dated 27.06.2019 (Document No. 3) which provides for resolution of the dispute between the partners to the partnership deed and therefore, sought for appointment of Arbitrator. - 4 - HC-KAR NC: 2026:KHC:14795 CMP No. 432 of 2025 4. In this regard, Sri. Halli Shantappa Basappa, learned counsel appearing for respondent Nos.1 to 3 submitted that there is no objection to the appointment of the Arbitrator, for resolution of dispute, with regard to the affairs of the Partnership Deed dated 27.06.2019 (Document No. 3). However, the same cannot be extended insofar as the rental agreement dated 02.12.2022 (Document No. 5) is concerned and accordingly sought for dismissal by this Court. 5. Having taken note of the submissions made by the learned counsel appearing for the parties, it is not in dispute that clause 21 of the partnership deed (Document No. 3) provides for appointment of an Arbitrator to resolve the disputes with regard to the affairs of the partnership firm is concerned. In that view of the matter, without considering the later document dated 02.12.2022 (Document No. 5), I am of the view that appointment of the arbitrator is necessitated. - 5 - HC-KAR NC: 2026:KHC:14795 CMP No. 432 of 2025 6. Accordingly, Sri. H.S. Ramanna, retired District Judge is appointed as the Arbitrator for resolution of the dispute with regard to the affairs of the partnership in terms of the deed of partnership dated 27.06.2019. 7. In order to avoid delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre, Race Course Road, Bengaluru, on 09.04.2026 at 11.00 a.m. On appearance of the parties, learned Arbitrator is requested to resolve the dispute at the earliest. 8. The Registry is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and also to Sri. H.S. Ramanna, retired District Judge, forthwith. 9. All claims and contentions of either parties are kept open to be decided by the Arbitral Tribunal. - 6 - HC-KAR NC: 2026:KHC:14795 CMP No. 432 of 2025 10. Registry is directed to return all original documents produced by either parties, if any, obtaining Photostat copies of the same. 11. Accordingly, this Civil Miscellaneous Petition stands disposed of. Sd/- (E.S.INDIRESH) JUDGE LRS List No.: 1 Sl No.: 33 Ct.sm