- 1 - HC-KAR CNR: KAHC010585192022 NC: 2026:KHC:52398 CMP No. 918 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD CIVIL MISC. PETITION NO.918 OF 2022 BETWEEN: 1. SRI. CHETAN P TAYAL S/O LATE NAND KISHORE AGED ABOUT 69 YEARS, RESIDING AT NO.300 GOLD TOWERS, NO. 50 RESIDENCY ROAD, BANGALORE - 560 025 REP BY HIS POWER OF ATTORNEY, MR. RAKESH TAYAL S/O MR. CHETAN P TAYAL …PETITIONER (BY SRI. SHREYAS S VASISHTA, ADVOCATE FOR SMT. ARCHANA BHAGEERATHI B S, J.P.DARSHAN, VAIDEHI K, ADVOCATES) AND: 1. SMT. ANJANAMMA W/O GURUMURTHY AGED ABOUT 57 YEARS, 2. SRI. GURUMURTHY AGED ABOUT 62 YEARS, SINCE DEAD REP. BY HIS LR ALREADY ON RECORD AS R1 3. SRI. NIDUMAMADI S/O GURUMURTHY AGED ABOUT 42 YEARS, Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010585192022 NC: 2026:KHC:52398 CMP No. 918 of 2022 4. SMT. UMADEVI W/O SRI. NIDUMAMADI AGED ABOUT 37 YEARS, 5. KUM. MAMATHA D/O SRI. NIDUMAMADI AGED ABOUT 19 YEARS, 6. KUM. KALAVATHI D/O SRI. NIDUMAMADI AGED ABOUT 17 YEARS, SINCE DEAD REP. BY HER LR ALREADY ON RECORD AS R3 7. MAST. VENKATESH S/O SRI. NIDUMAMADI AGED ABOUT 15 YEARS, (REPRESENTED BY THEIR NATURAL GUARDIAN SRI. NIDUMAMADI) 8. SMT. CHOUDAMMA W/O VENKETRAYAPPA AGED ABOUT 47 YEARS, SINCE DEAD REP. BY HER LR ALREADY ON RECORD AS R11 9. SRI. VENKETRAYAPPA AGED ABOUT 57 YEARS, SINCE DEAD REP. BY HIS LR ALREADY ON RECORD AS R11 10. SRI. RAMANJANAPPA S/O VENKETRAYAPPA AGED ABOUT 35 YEARS, SINCE DEAD REP. BY HIS LR ALREADY ON RECORD AS R11 11. SMT. VENKETANARASAMMA W/O SRI. RAMANJANAPPA Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010585192022 NC: 2026:KHC:52398 CMP No. 918 of 2022 AGED ABOUT 33 YEARS, 12. MAST. BALAJI S/O SRI. RAMANJANAPPA AGED ABOUT 19 YEARS, 13. SRI. VENKETESHA S/O VENKETRAYAPPA AGED ABOUT 34 YEARS, 14. SMT. ESHWARAMMA W/O VENKETESHA AGED ABOUT 29 YEARS, 15. MAST. SUBASH S/O VENKETESHA AGED ABOUT 13 YEARS, (REPRESENTED BY THEIR NATURAL GUARDIAN SRI. VENKETESHA) 16. KUM. PADMA D/O VENKETESHA AGED ABOUT 11 YEARS, (REPRESENTED BY THEIR NATURAL GUARDIAN SRI. VENKETESHA) ALL ARE RESIDING AT ADIGANAHALLY VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT - 561 208 …RESPONDENTS (BY SRI. CHETHAN A C, ADVOCATE FOR R1, R3, R4, R5, R11, R13 & R14; R7, R12, R15 & R16 ARE SERVED AND UNREPRESENTED; VIDE ORDER DATED 13.02.2026, R1 IS TREATED AS THE LR OF DECEASED R2; VIDE ORDER DATED 13.02.2026, R3 IS TREATED AS THE LR OF DECEASED R6; Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010585192022 NC: 2026:KHC:52398 CMP No. 918 of 2022 VIDE ORDER DATED 13.02.2026, R11 IS TREATED AS THE LR OF DECEASED R8, R9 & R10) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT SOLE ARBITRATOR TO DETERMINE AND ADJUDICATE THE DISPUTE BETWEEN THE PARTIES IN ACCORDANCE WITH ARBITRATION CLAUSE PAGE NO.10 (SUB CLAUSE B) IN AGREEMENT OF SALE DATED 19.08.2014 PRODUCED AS ANNEXURE-B AND WITH PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND ETC THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, “the Act”), seeking the following reliefs: "i. APPOINT Sole Arbitrator to determine and adjudicate the dispute between the party's accordance with Arbitration clause Page 10 (sub clause B) in agreement of Sale dated 19.08.2014 produced as Annexure-B and with provisions of the arbitration and Conciliation Act, 1996. ii. Grant such other relief/s as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity. iii. award costs, in the interest of justice and equity." Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010585192022 NC: 2026:KHC:52398 CMP No. 918 of 2022 2. The brief facts of the case are that the respondents are the owners of the petition schedule property and they have agreed to sell the said property in favour of the petitioner for a total consideration of Rs.13,50,000/-. The petitioner has paid part sale consideration of Rs.12,00,000/- to the respondents. Accordingly, they have executed an Agreement of Sale dated 19.08.2014 in favour of the petitioner. Subsequently, disputes arose between the parties in relation to the said agreement. 3. As the disputes arose between the parties, the petitioner, invoking the arbitration clause contained in the Agreement of Sale, issued a notice dated 28.10.2022 vide Annexure-F, to the respondents under Section 21 of the Act. The said arbitration clause (b) at page 10 of the agreement reads as under: “b) Any disputes/differences arising out of this Agreement for Sale shall be referred to Arbitrator mutually agreed by both the parties." Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 6 - HC-KAR CNR: KAHC010585192022 NC: 2026:KHC:52398 CMP No. 918 of 2022 4. Despite service of the said notice, the respondents did not furnish any response. Hence, the present petition is filed seeking appointment of a sole Arbitrator. 5. Learned counsel for respondent Nos.1, 3, 4, 5, 11, 13 and 14 submitted that the property in question was granted in favour of the respondents under the Karnataka Land Grant Rules, 1969, and that alienation of the said property is prohibited under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. 6. Be that as it may. Having regard to the existence of the arbitration clause in the Sale Agreement and the disputes arising between the parties in relation thereto, and as the arbitration clause has been duly invoked by the petitioner by issuing notice under Section 21 of the Act, this Court is of the opinion that a sole Arbitrator is required to be appointed for adjudication of the disputes between the parties. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 7 - HC-KAR CNR: KAHC010585192022 NC: 2026:KHC:52398 CMP No. 918 of 2022 7. Accordingly, the following: ORDER a) Civil Miscellaneous Petition is allowed. b) Sri S.D.Babladi, retired District Judge is appointed as the Sole Arbitrator in the present case to arbitrate the disputes between the parties at the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre. c) All the claims and contentions of the parties are left open. d) Registry is directed to communicate this order via e-mail to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, and also to the Sole Arbitrator. e) Registry is directed to return all the original documents produced by any of the parties after obtaining Photostat copies of the same. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 8 - HC-KAR CNR: KAHC010585192022 NC: 2026:KHC:52398 CMP No. 918 of 2022 f) Parties are directed to appear before the Director, Arbitration and Conciliation Centre, Bengaluru, on 19.10.2026 at 11:30 a.m. (H.T. NARENDRA PRASAD) JUDGE hkh. List No.: 1 Sl No.: 9 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA