Karnataka High Court
WP/29869/2026 of M/S. KAYALTHEERAM BUILDERS AND REALTORS Vs SRI.CHIDAMBARA NAYAKA on 29 September 2026
CNR: KAHC010653152026 NC: 2026:KHC:54040 WP No. 29869 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29869 OF 2026 (GM-RES) BETWEEN: M/S. KAYALTHEERAM BUILDERS AND REALTORS HAVING
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 29869 OF 2026 (GM-RES)
BETWEEN:
M/S. KAYALTHEERAM BUILDERS AND REALTORS
HAVING ITS REGISTERED OFFICE AT,
1ST FLOOR, ANJANA COMPLEX,
VYTILLA-KUNDANNOOR ROAD,
MARADU, ERNAKULAM,
KOCHI, KERALA - 682034
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MR. CHARLY VARGHESE
REGISTERED UNDER COMPANIES ACT, 1956
…PETITIONER
(BY SRI. JOSEPH ANTHONY, ADVOCATE)
AND:
SRI.CHIDAMBARA NAYAKA
S/O MR. MALLESH NAYAKA,
AGED 41 YEARS,
NO.12/1, ADUR, BIDARAHALLI HOBLI,
BENGALURU - 560 049
…RESPONDENT
(BY SRI. SUNIL P. PRASAD, ADVOCATE)
THIS W.P IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION DIRECTING SPEEDY DISPOSAL OF A.A. NO.
78/2025 PENDING BEFORE THE HON'BLE CITY CIVIL AND
SESSIONS JUDGE, BENGALURU, IN ACCORDANCE WITH LAW
(ANNEXURE A).
HC-KAR
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
The present writ petition is filed seeking for the following reliefs: "a) Issue a writ of mandamus or any other appropriate writ, order or direction directing speedy disposal of AA.No.78/2025 pending before the Hon'ble City Civil and Sessions Judge, Bengaluru, in accordance with law (Annexure-A); b) Grant such other order or relief as this Hon'ble Court may deem fit in the circumstances of the case, in the interest of justice and equity."
2. Learned counsel for the petitioner submits that the limited relief sought for in the present writ petition is expeditious disposal of AA No.78/2025, which is pending on the file of XXIV Additional City Civil and Session Judge, Bengaluru1. In this context, it is pertinent to note that the respondent filed an application under Section 9 of the Arbitration and Conciliation Act, 1996, seeking for interim measures. The same is consequent to an Agreement of Sale dated 05.07.2015.
1 Hereinafter referred to as 'Trial Court' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
HC-KAR
3. Learned counsel for the petitioner submits that an ex parte ad interim order was passed on 20.09.2025 in the proceedings initiated by the respondent. The said order dated 20.09.2025 was not extended consequent to the order dated 03.01.2026 that was passed by the Trial Court. Thereafter, the matter had been posted from 05.01.2026 for passing of orders on various dates and currently the matter has been adjourned to 13.10.2026 for passing of orders.
4. Without entering into the merits of the controversy, the present writ petition is disposed of requesting the Trial Court to pass orders in AA.No.78/2025, as expeditiously as possible, in any event, not later than three weeks from the date of receipt of a copy of this order.
5. Pending IAs., if any, stand disposed of.
(C.M. POONACHA) JUDGE
ND List No.: 1 Sl No.: 51 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA