Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:12358 CRP No. 871 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS CIVIL REVISION PETITION NO. 871 OF 2025
BETWEEN:
1.
2.
M/S SUNDEW PROPERTIES, A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO. 29, S N COMPLEX, 14TH MAIN ROAD, E BLOCK EXTN.
SAHAKARNAGAR, BENGALURU 560 092.
REPRESENTED BY ITS PARTNERS.
SRI S DEVENDRA S/O S VENKATAIAH, AGED ABOUT 60 YEARS.
SRI H R SURESH, SON OF H K RAMAIAH, AGED ABOUT 65 YEARS.
…PETITIONERS (BY SMT.SUSHEELA S., SR. COUNSEL FOR SRI. RAMESHA T.R., ADVOCATE)
AND:
1.
SRI RONAK R., S/O LATE T K RAMESH, AGED ABOUT 35 YEARS,
2.
SRI R DARSHAN S/O LATE T K RAMESH, AGED ABOUT 30 YEARS, BOTH ARE R/A NO. 899/90,
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:12358 CRP No. 871 of 2025
MARUTHI NILAYA, MARUTHI NAGAR, KOGILU ROAD, YELAHANKA ROAD, BENGALURU 560 064.
ALSO AT. NO. 28, 2ND FLOOR, GALAXY ENCLAVE, JAKKUR PLANTATION ROAD, BENGALURU - 560 064.
3.
M/S SOBHA LIMITED CORPORATE OFFICE AT ‘SOBHA’ NO. 51/5, SARJAPURA MARTHAHALLI, OUTER RING ROAD (ORR), DEVARABEESANAHALLI, BELLANDUR POST, BENGALURU 560 103.
REP. BY ITS AUTHORIZED SIGNATORY MR N B ASHOK KUMAR. …RESPONDENTS (BY SRI. CHANDRA CHOODA R.N., ADVOCATE FOR C/R1 & R2) THIS CRP IS FILED UNDER SECTION 115 OF CPC, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 24.09.2025 PASSED ON I.A.NO.3 IN OS.NO.588/2023, ON THE FILE OF HONBLE III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, AT BENGALURU (ANNEXURE A) AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:12358 CRP No. 871 of 2025
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
Learned Senior Counsel Smt. Susheela S., appearing for the petitioner submits that being aggrieved of the rejection of the suit filed for specific performance of contract, on the ground that the parties are bound by an arbitration clause, the petitioner filed writ petition before this Court. However, since office objections were raised and a submission was made before the writ Court seeking leave to convert the writ petition into a Civil Revision Petition and accordingly, this Civil Revision Petition is before this Court.
2. However, learned Senior Counsel draws the attention of this Court to memo dated 01.12.2025 filed by the petitioner enclosing copy of a judgment of the Hon’ble Division Bench of this Court in the case of Sri.G.R.Amarnath Vs. M.N. Narasimha Murthy Naik and Another, reported in ILR 2016 KAR 20, where it is held that since no appeal is provided in the Arbitration and
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HC-KAR NC: 2026:KHC:12358 CRP No. 871 of 2025
Conciliation Act, 1996, against an order passed under Section 8 of the Act and as the Trial Court where the suit is filed is subordinate to the High Court, certainly a writ petition under Article 227 of the Constitution of India is maintainable before this Court. In that view of the matter, learned Senior Counsel submits that filing of the writ petition was correct and the conversion into Civil Revision Petition was due to inadvertence and not going through the judgment of the Hon’ble Division Bench of this Court.
3. Accordingly, this Civil Revision Petition is permitted to be reconverted into Writ Petition. For the statistical purpose, this Civil Revision Petition stands
disposed of. Office is directed to list the matter before the Bench having roster.
Sd/- (R DEVDAS) JUDGE DL CT: JL