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2026 DAILYLAW 4858 (KAR)

MR BABU R KARKERA v. SUNSHINE ROYAL DEVELOPERS (PVT ) LTD (R)

CMP/190/2024 · 2026-04-02

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18124 CMP No. 190 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 190 OF 2024 BETWEEN: 1. MR. BABU R. KARKERA AGED ABOUT 91 YEARS. 2. MR. RAJESH P SUVARNA AGED ABOUT 54 YEARS. 3. MR. ANIL B KARKERA AGED ABOUT 52 YEARS, APPELLANT NO.2 AND 3 ARE CHILDEREN OF SRI BABU KARKERA ALL ARE R/AT KARKEREA COMPOUND, BEHIND HOTEL SADANAND, SURATHKAL, MANGALURU TALUK DAKSHINA KANNADA - 575 001. APPELLANT NO. 1 AND 2 ARE REPRESENTED BY THEIR GPA HOLDER - APPELLANT NO.3, MR. ANIL B. KARKERA. 4. MR. ASHISH MOHANDAS SALIAN AGED ABOUT 26 YEARS, 5. MS. POOJA MOHANDAS SALIAN AGED ABOUT 22 YEARS, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18124 CMP No. 190 of 2024 BOTH ARE CHILDREN OF SRI. MOHANDAS M SALIAN, AND LATE DAYAVATHI M SALIAN, BOTH ARE R/AT 15-303 SIDHARTH NAGAR, MIRA ROAD, THANE, MUMBAI, APPELLANT NO.4 AND 5 ARE REPRESENTED BY THEIR FATEHER AND GPA HOLDER VIZ. MR. MOHANDAS M. SALIAN AGED 61 YEARS, S/OLATE MANJUNATHA SALIAN. R/AT 15-303, SIDHARTH NAGAR, MIRA ROAD, THANE-401107. &PETITIONERS (BY SRI. CHIDANANDA KEDILAYA M., ADVOCATE) AND: 1. SUNSHINE ROYAL DEVELOPERS (PVT ) LTD. (R) REP. BY MR. KRISHANAPPA BIKRA KOTAIN S/O BIKRA KARKERA, AGED ABOUT 74 YEARS, R/AT A-301, REP. APARTMENTS NEAR RAJ TOWER IA COLONY, BORIVALI (WEST) MUMBAI-400103. 2. SMT. NIRMALA S. SHRIYAN W/O SUKUMAR C. SHRIYAN AGED ABOUT 60 YEARS, R/AT ANNU GURKARA HOUSE, NADIPATNA, PADUBIDRI, UDUPI TALUK AND DISTRICT-574 111. - 3 - HC-KAR NC: 2026:KHC:18124 CMP No. 190 of 2024 &RESPONDENTS THIS CMP IS FILED UNDER SECTION 11(4) AND 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO REFER THE DISPUTE BETWEEN THE PETITIONERS AND THE RESPONDENTS TO ARBITRATION BY WAY OF APPOINTMENT OF ARBITRATOR AS AGREED BY BOTH THE PARTIES IN PARA NO.25 OF THE JOINT DEVELOPMENT AGREEMENT ENTERED ON 02.05.2016 HEREIN MARKED AS ANNXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned counsel for the petitioner has filed the Memo dated 16.03.2026, seeking withdrawal of the Petition. Accepting the aforesaid Memo, the Civil Miscellaneous Petition is disposed of as withdrawn. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 2