IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.276 OF 2015 BETWEEN:
1. Sri. P. Pichanna, S/o late P. Pullappa, Aged about 55 years, R/at No.3/1, 13th ‘D’ Main, 8th Cross, HAL 2nd Stage, Doopanahalli, Indiranagar, Bengaluru – 560 038.
2. Smt. Mariyamma, W/o late P. Pullappa, Aged about 81 years, R/at No.110, Adhur Narayanaswamy Building, Boodigere, Devanahalli Taluk.
3. Sri. Kuppuswamy, S/o Late P. Pullappa, Aged about 51 years, R/at No.16, Garden Muniswamappa Layout, Hormavu, Bengaluru – 560 043.
4. Smt. Bhagyamma, D/o late P. Pullappa, Aged about 50 years, R/at No.147, Thanamma Layout, 2nd Cross, Devarachikkanahalli Road, Bileekalli, Bengaluru – 560 056.
5. Smt. Chinnathayamma, D/o late P. Pullappa, Aged about 57 years, R/at No.54/91, 7th Cross, Anepalya, Audugodi Post, Bengaluru.
6. Smt. V. Girija, W/o late Venkataswamy, Aged about 41 years, Daughter-in-law of P. Pullappa, R/at No.3/1, 13th ‘D’ Main, 8th Cross, HAL 2nd Stage, Doopanahalli, Indiranagar, Bengaluru – 560 038.
7. Smt. S. Varalakshmi, W/o late Rajendra and Grand Daughter of Late P. Pullappa, R/at No.16, Garden Muniswamappa Layout, Hormavu, Bengaluru – 560 043.
… Petitioners (By Sri. Bhujabalaiah Y.C., Advocate) AND:
1. Sri. G. Prem Kumar Reddy, S/o late Sri.G. Rami Reddy, Aged about 44 years, Managing Partner of M/s. Cattleya Projects A partnership office at Flat No.501, No.39, ‘Dhruvika’s Spadix’, Muniyallappa Garden, Kodihalli, Bengaluru – 560 008.
2. Sri. Somareddy Mallikarjuna Reddy, S/o Late S. Pedda Venku Reddy, Managing Partner of M/s. Cattleya Projects, A partnership office at Flat No.501, No.39, ‘Dhruvika’s Spadix’, Muniyallappa Garden, Kodihalli, Bengaluru – 560 008 And also R/o No.3/76, Damara Madugu, Buchi Reddy Palem (Mandal), Nellore District, Andhra Pradesh – 524 137.
… Respondents (By Sri.M.S. Bhagwat, Advocate for R1 and R2; Sri. K. Shivaji Rao and Sri. S. Manjunath, Advocates for impleading respondent on I.A.No.1/2018.) This Civil Miscellaneous Petition is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, praying to (a) Appoint a Sole Arbitrator nominated by the petitioners namely, Sri. N. Narayan, Retired District and Sessions Judge as the Sole Arbitrator for the adjudication of disputes that have arisen between the respondents and the legal heirs of late Sri. P. Pullappa who are also parties in the Joint Development agreement executed along with his parent late P. Pullappa and petitioners herein and (b) grant an interim order of stay, staying execution of any deeds agreements, Execution of sale deeds by the builder/developer in the matter of transferring, alienating or creating any third party interest in respect of property in dispute before passing the award by the sole arbitrator on immovable property bearing Sy.No.93/4 situated at Varthur village, Varthur Hobli, Bengaluru South Taluk, and also directing the respondents not to create any third party interest of the entire building until handing over the owners share of the constructed area as agreed in the Joint Development Agreement dated 13.08.2012 vide Annexure-A in the interest of justice and equity.
This Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri.Bhujabalaiah Y.C., learned counsel for the petitioners.
Sri.M.S. Bhagwat, learned counsel for respondent Nos.1 and 2.
Sri. K. Shivaji Rao and Sri. S. Manjunath, learned counsel for impleading applicant on I.A.No.1/2018.
Heard the learned counsel for the parties.
2. After arguing the matter to some extent, learned counsel for the petitioners seeks leave of this Court to withdraw the civil miscellaneous petition with liberty to file fresh petition after serving notice of 30 days to the respondents for appointment of Arbitrator.
Accordingly, civil miscellaneous petition is dismissed as withdrawn with liberty as aforesaid.
In view of disposal of the main petition, I.A.No.1/2018 does not survive for consideration. Hence, it is dismissed.
Sd/- JUDGE Mds/-