- 1 - HC-KAR NC: 2026:KHC:1574-DB COMAP No. 259 of 2025 C/W COMAP No. 348 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 259 OF 2025 C/W COMMERCIAL APPEAL NO. 348 OF 2025 IN COMAP No. 259/2025 BETWEEN: 1. M/S. G.K. SHELTERS PVT LTD., A COMPANY INCORPORATED UNDER INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.27, 9TH MAIN ROAD JAYANAGAR 3RD BLOCK BANGALORE - 560 011 REPRESENTED BY ITS C.E.O. MR. K.N. GOUTHAM NAIDU SON OF MR. N. NARASIMHALU NAIDU AGED ABOUT 33 YEARS …APPELLANT (BY SRI K.V. SHYAMAPRASADA, ADVOCATE) AND: 1. MR. C G CHANNA KESHAVA S/O LATE C. GIRIRAJA GOWDA AGED ABOUT 75 YEARS Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1574-DB COMAP No. 259 of 2025 C/W COMAP No. 348 of 2025 2. SMT. VASANTHI KESHAVA WIFE OF C.G. CHANNAKESHAVA AGED ABOUT 61 YEARS 3. SRI CHETHAN C. SON OF C.G. CHANNAKESHAVA AGED ABOUT 41 YEARS 4. SRI ROSHAN C SON OF C.G. CHANNAKESHAVA AGED ABOUT 39 YEARS RESPONDENTS NOS.1 TO 4 ARE RESIDING AT PLOT NO. 889 1ST BLOCK, 1ST CROSS RAMAKRISHNA NAGAR MYSORE - 570 022 5. SRI C.G. CHINNA SWAMY S/O LATE C. GIRIRAJA GOWDA AGED ABOUT 73 YEARS 6. SMT. INDUMATI WIFE OF C.G. CHINNASWAMY AGED ABOUT 64 YEAR 7. SMT. VINAYA CHINNASWAMY DAUGHTER OF C.G. CHINNASWAMY AGED ABOUT 40 YEARS 8. SMT. SOUMYA CHINNASWAMY DAUGHTER OF C.G. CHINNASWAMY AGED ABOUT 28 YEARS RESPONDENTS NOS. 5 TO 8 ARE RESIDING AT NO. 705, HMT LAYOUT V.B. NAGAR, R.T. NAGAR POST BANGALORE - 560 032 - 3 - HC-KAR NC: 2026:KHC:1574-DB COMAP No. 259 of 2025 C/W COMAP No. 348 of 2025 9. SRI C.G. PURUSHOTHAM S/O LATE C. GIRIRAJA GOWDA AGED ABOUT 71 YEARS 10. SMT. USHA P WIFE OF C.G. PURSHOTHAM AGED ABOUT 61 YEARS 11. SRI NITHIN PURUSHOTHAM SON OF C.G. PURSHOTHAM AGED ABOUT 39 YEARS 12. SMT. POOJITHA DAUGHTER OF C.G. PURSHOTHAM AGED ABOUT 27 YEARS RESPONDENTS NOS. 9 TO 12 ARE RESIDING AT NO. 146 6TH MAIN, 3RD STAGE GOKULAM MYSORE - 570 002 13. SMT. SWARAJYA LAKSHMI D/O LATE C. GIRIRAJA GOWDA AGED ABOUT 63 YEARS RESIDING AT BHUVANA NURSING HOME SUNDAR NAGAR, GOKUL EXTENSION BANGALORE - 560 054. …RESPONDENTS (BY SRI S. SRIRANGA, SENIOR ADVOCATE FOR SMT. SUMANA NAGANAND, ADVOCATE FOR C/R-4) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1-A) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 10.01.2025 PASSED IN COMMERCIAL A.A.NO.5/2024 BY THE XI ADDITIONAL - 4 - HC-KAR NC: 2026:KHC:1574-DB COMAP No. 259 of 2025 C/W COMAP No. 348 of 2025 DISTRICT JUDGE AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU AT ANNEXURE 'A' AND DECREE THE SUIT & ETC. IN COMAP NO. 348/2025 BETWEEN: 1. MR. C.G. CHANNAKESHAVA S/O LATE GIRIRAJEGOWDA AGED ABOUT 73 YEARS 2. MRS. VASANTHI KESHAVA W/O C.G. CHANNAKESHAVA AGED ABOUT 60 YEARS 3. MR. CHETHAN C S/O C.G CHANNAKESHAVA AGED ABOUT 39 YEARS, 4. MR. ROSHAN C S/O C.G. CHANNAKESHAVA AGED ABOUT 37 YEARS APPLICANT/APPELLANT NOS. 1 TO 4 ARE RESIDING AT PLOT NO. 889, 1ST BLOCK, 1ST CROSS RAMAKRISHNA NAGAR MYSORE - 570 022. 5. MR. C.G CHINNA SWAMY S/O LATE. GIRIRAJEGOWDA AGED ABOUT 71 YEARS 6. MRS. INDUMATI W/O C.G CHINNASWAMY AGED ABOUT 62 YEARS - 5 - HC-KAR NC: 2026:KHC:1574-DB COMAP No. 259 of 2025 C/W COMAP No. 348 of 2025 7. MRS. VINAYA CHINNASWAMY D/O C.G CHINNASWAMY AGED ABOUT 38 YEARS 8. SMT. SOUMYA CHINNASWAMY D/O C.G CHINNASWAMY AGED ABOUT 36 YEARS REP. BY HER GPA HOLDER (FATHER) SRI C.G. CHINNASWAMY S/O. LATE GIRIRAJEGOWDA APPLICANT/APPELLANT NOS. 5 TO 8 ARE RESIDING AT NO. 705 HMT LAYOUT, V.B. NAGAR R.T NAGAR, BENGALURU - 560 032 9. MR. C.G PURUSHOTHAM S/O LATE. GIRIRAJEGOWDA AGED ABOUT 69 YEARS 10. MRS. USHA P W/O MR. C.G PURUSHOTHAM AGED ABOUT 59 YEARS 11. MR. NITHIN PURUSTHOTHAM S/O MR. C.G PURUSHOTHAM AGED ABOUT 37 YEARS 12. MRS. POOJITHA PURUSTHOTHAM D/O MR. C.G PURUSHOTHAM AGED ABOUT 35 YEARS 13. MRS. SWARAJYA LAKSHMI D/O LATE. GIRIRAJEGOWDA AGED ABOUT 61 YEARS RESIDING AT BHUVANA NURSING HOME SUNDAR NAGAR, GOKUL EXTENSION BANGALORE. - 6 - HC-KAR NC: 2026:KHC:1574-DB COMAP No. 259 of 2025 C/W COMAP No. 348 of 2025 ...APPELLANTS (BY SRI S. SRIRANGA, SENIOR ADVOCATE FOR SMT. SUMANA NAGANAND, ADVOCATE) AND: 1. M/S. G.K. SHELTERS PRIVATE LIMITED A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS OFFICE AT NO. 27 9TH MAIN ROAD, JAYANAGAR 3RD BLOCK BANGALORE - 560 011 REPRESENTED BY C.E.O MR. K.N. GOUTHAM NAIDU S/O. MR. N. NARASIMHA NAIDU AGED ABOAUT 33 YEARS ...RESPONDENT (BY SRI K.V. SHYAMAPRASADA, ADVOCATE) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH SECTION 37 (1) (b) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET-ASIDE THE FINAL ORDER DATED 28.03.2025 IN COM.A.A.NO.2/2025 ON THE FILE OF XI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL, BENGALURU (COMMERCIAL COURT ) AND ALLOW THE ARBITRATION APPLICATION UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W RULE 9 OF HIGH COURT OF KARNATAKA ARBITRATION (PROCEEDINGS BEFORE COURTS) RULES 2001 SEEKING AN INTERIM RELIEF AGAINST THE RESPONDENT IN RESPECT OF THE APPLICATION SCHEDULE PROPERTIES & ETC. - 7 - HC-KAR NC: 2026:KHC:1574-DB COMAP No. 259 of 2025 C/W COMAP No. 348 of 2025 THESE COMMERCIAL APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the affidavit accompanying the application―I.A.No.1/2025, the same is allowed. The delay of 10 days in filing COMAP No.259/2025 is condoned. 2. The learned counsel for the parties in both the appeals have filed applications for appointment of an Arbitrator being CMP No.505/2024 and CMP No.755/2025. 3. It does appear at this stage that the appellant in COMAP No.259/2025 has not pursued his application for constitution of arbitral proceedings although more than two years have been lapsed since his application filed under Section 9 of the Arbitration and Conciliation Act, 1996 [A&C Act] read with Order VII Rule 1 read with Section 26 of Code of Civil Procedure, 1908, was disposed of by the impugned order. - 8 - HC-KAR NC: 2026:KHC:1574-DB COMAP No. 259 of 2025 C/W COMAP No. 348 of 2025 4. The parties are at liberty to request the Court for an early disposal of the said applications for appointment of an Arbitrator. 5. The learned counsel for the parties further agree that in the event the applications are allowed and the Arbitral Tribunal is constituted, the parties would be at liberty to file an application under Section 17 of the A&C Act. The said applications if filed, would be considered by the Arbitral Tribunal uninfluenced by the impugned order. 6. In view of the aforesaid consensus between the parties, the present appeals are disposed of. 7. Pending applications stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS