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2025 Supreme(Online)(Kar) 28142

KARNATAKA HIGH COURT
R. NATARAJ, J
G. RAJENDRA NAIDU – Appellant
Versus
MOHAN DAS – Respondent


Advocates:
For the Appellants/Petitioners:SRI RAJESH MAHALE, SENIOR ADVOCATE, SRI ABHINAY Y. T.
For the Respondents:SRI DHYAN CHINNAPPA, SENIOR ADVOCATE, SRI RAGHU PRAKASH BABU D.

Table of Content
1. overview of case and initiation of arbitration (Para 1 , 2)
2. defendant's arguments against suit maintainability (Para 3 , 4 , 5 , 6 , 7 , 8)
3. importance of understanding arbitration principles (Para 9 , 10 , 11 , 12 , 13 , 14 , 15)
4. determining termination of arbitration proceedings (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25)
5. arbitrator withdrew but proceedings continued (Para 26)
6. final order and decision of the court (Para 27)

ORAL ORDER

The plaintiff in O.S.No.1552/2013, on the file of I Additional Civil Judge, Bengaluru Rural District, Bengaluru is before this Court challenging an order dated 14.02.2020, by which, the Court dismissed the suit as not maintainable.

2. (i) A suit in O.S.No.1552/2013 was filed for declaration that the plaintiff is entitled to 50% of the land, which was described in schedule to the suit and to effect partition by metes and bounds. The plaintiff claimed that he and the defendant had contributed equally for purchase of the property described in the schedule to the suit but the sale deed was executed only in the name of the defendant. Later, they entered into a settlement on 20.11.2005, in terms of which, the defendant

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