IN THE COURT OF THE ADDITIONAL JUNIOR CIVIL
JUDGE, HINDUPUR
I.A.No.527/2022 AND O.S.No.404/2022
Between:-
M.Ravikumar ….Petitioner-Plaintiff
AND
S.Munthaj and others ….Respondents-Defendants
ADVANCED PETITION FILED ON BEHALF OF THE PETITIONER U/S
I. M.Ravikiumar S/o M.Nagamallaiah, Aged 47 years ,Hindu,Hindupur-
Town do hereby solemnly affirm and state as follows:-
01. I am the petitioner here plaintiff the above matter.
02. I have filed an application to restrain the Respondents/Defendants from
interfering with my peaceful possession and enjoyment and in which the
respondents have filed their counter and the matter is posted to 12-05-2023 for
enquiry. The matter urgent and hence the same has to be advanced from 12-05-
2023 to this day for counter and disposal, If not I will be put to irreparable loss
and hardship.
It is therefore request that the Honorable court may pleased to advance the
above I.A soon 12-05-2023 to shorter date for disposal in the interest of Justice.
Deponent.
IN THE COURT OF THE ADDITIONAL JUNIOR CIVIL JLUDGE ,
HINDUPUR
I.A. No.527/22 In O.S.No. 404/2022
Between;-
M.RAVIKUMAR …Petitioner/Plaintiff
AND
S.MUNTHAJ AND OTHERS …Respondents/Defts
Affidavit of the Petitioner
I M.Ravi kumar S/o.M.Nagamallaiah, aged 47 Years Hindu,Business,
resident of 5-7-102, Lakshimipuram,Hinduipur,Sri SathyaSai-Dist. Do hereby
solemnly affirm and state as follows:-
01. I am the petitioner herein and the plaintiff in the above suit.
02. I have filed the above suit against the respondents –defendants for
permanent injunction.
03.It is my specific case that I have owner of the suit schedule property
having purchased the same from the defendants for a valid sale consideration
under regd.sale deed dt.05-11-2021 and delivered possession of the same to me.
As per the regd.sale deed, I and my family members were in possession and
enjoyment of the suit schedule property. My name is also mutated in the revenue
records in Hindupur Municipality and I have also taken water connection to the
suit schedule property. I have been paying the House and Water taxes to the
Hindupur Municipality. Even though, the respondent’s defendants have disposed
of the suit schedule property in my favour, they tried to interfere with my peaceful
possession and enjoyment of the suit schedule property. As such, I have filed the
above suit for permanent injunction against the respondents-defendants. On
merits this Honorable court has also disposed of the I.A.527/2022 granting
temporary Injunction in my favour restraining the respondents, their men and
followers on 07-07-2023. Thus, the Honorable court has recognized my
possession over the suit schedule property.
-2-
04) I submit that when things stood thus, when I and my family members
were out of Hindupur Town and went to the house of my relatives at Pavagada
on 07-09-2023 The respondents –defendants have forcibly entered into my house
and thrown out of the House hold articles forcibly and occupied the suit
scheduled property taking advantage of our absence. I have also given Police
complaint before the SHO Hindupur II Town P.S. and thus the respondents-
defendants have dispossed me from the suit scheduled property. Under the said
circumstances, I have no other go except to withdraw the present suit and to file
fresh suit for declaration of my right title and possession over the suit schedule
property on the same cause of action. If I am not allowed to withdraw the
present suit with a liberty to file a fresh suit on the same cause of action, I will be
put to irreparable loss and hardship.
05) It is therefore prayed that the Honorable court may be pleased to order
to withdraw the above suit with a liberty to file a fresh suit on the same cause of
action in the Interest of Justice.
DEPONENT
Solemnly affirmed and signed before me on this 2nd February,2024 at Hindupur.
Advocatge Hindupur.
IN THE COURT OF THE ADDITIONAL JUNIOR CIVIL JLUDGE ,
HINDUPUR
I.A. No.527/22 In O.S.No. 404/2022
Between;-
M.Ravikumar
S/o. M.Nagamalliah,
D.No.5-7-102, Lakshmipuram,
Hindupur-515 201. Sri Sathya Sai-Dist. …Petitioner/Plaintiff
AND
1. S.Munthaj
2.S.Jabeer
3.S.Shabbir
All are residents at D.No. 5-6-44,
Lakshmipuramu, Hindupur-515 201
Sri Sathya Sai – Dist, …Respondents/Defts
Petition filed on behalf of the Petitioner-Plaintiff under order 23
rule(3) (b) of C.P.C.
For the reasons stated in the accompanying affidavit it is prayed that
the Honorable court may be pleased to order to withdraw the above suit filed by
the petitioner-plaintiff with a liberty to file a fresh suit on the same cause of
action in the interests of justice.
Advocate for the Petitioner
IN THE COURT OF THE ADDITIONAL JUNIOR CIVIL JLUDGE ,
HINDUPUR
O.S. No. /2024
Between;-
M.RAVIKUMAR …Petitioner/Plaintiff
AND
1.S.Munthaj
2.S.Jabeer
3.S.Shabbir …Respondents/Defts
Plaint filed on behalf of the Plaintiff- Petitioner under order VII
rules 1 and 2 of C.P.C
01. Plaintiff :-
M.Ravikumar S/o. M.Nagamallaiah, aged, 47 years Hindu, business, resident of
D.No.5-7-102, Lakshmipuram, Hindupur. Sri Sathya Sai-Dist. Mob;-9492965104
02. Address for services:-
D.Ulkalappa
Advocate, Hindupur
Mob:- 9986091972
03. Defendants :-
01. S.Munthaj W/o. Late.S.Jeelan,Aged 42 years, Muslim ,House-wife,
02. S.Jabeer S/o Late.S.Jeelan aged, 29 years, Muslim,Business
03. S.Shabbir S/o Late.S.Jeelan, aged, 25 years, Musli, Business
All are resident D.No.5-6-44, Lakshmipuram,Hindupur-Town and Mandal
04. The Plaintiff submits that the defendants were the owners of the suit
scheduled Property. The defendants have sold the suit scheduled property to the
plaintiff under regd.sale deed dated. 05-11-2021 for a valid and legal sale
consideration of Rs.3,00,000-00 (Rupees Three Lakshs only) and delivered
possession of the same to the plaintiff. Ever since the date of purchase the
plaintiff was in physical possession and enjoyment of the suit scheduled property.
05. The plaintiff submits that after purchasing of the suit property, the
Municipality authorities have also mutated the name of the plaintiff in the
-2-
Municipal records bearing assessments No.10004017026. In fact, the husband
of D-1 and father of the D-2 and D-3 had constructed the suit schedule House
property and after his demise, the defendants have succeeded to the suit
scheduled property. In order to discharge the local debts and also for meeting
Family necessities, the defendants have sold the suit property to the plaintiff
herein and put him in possession and enjoyment of the house suit scheduled
property. Thus, the plaintiff along with his family members used to reside in the
suit schedule house property.
06. The plaintiff submits that prior to 05-09-2022 the defendants have
interfered with the peaceful possession and enjoyment of the suit schedule House
property and as such the plaintiff was forced to file a suit in O.S.404/2022 on the
file of the honorable Addl. Junior Civil Judge, Hindupur for permanent injunction
against the defendants and also sought temporary injunction in I.A. 527/2022 in
O.S,.No.404/2022. After due enquiry in I.A.527/2022, the Honorable
Addl .Junior Civil Judge, Hindupur has also granted temporary injunction in
favour of the plaintiff and against the defendants on merits on 07-07-2023.
Unable to digest that the plaintiff was given temporary injunction, the defendants
were looking for an opportunity. While so, when the plaintiff and his family
members went out to his relative’s house at Pavagada for two days on 08-09-2023
to 09-09-2023 the defendants forcibly entered into the suit schedule property
and thrown out the house hold articles of the plaintiff and forcibly occupied the
suit scheduled property. After coming to know the illegal act of the defendants,
the plaintiff questioned the high handed activities of the defendants, and for
which the defendants did not care. As such the plaintiff preferred a complaint
before the Hindupur II Town Police Station. But the police have refused to
register complaint against the defendants herein as the matter in respect of the
suit schedule property was already pending before the competent civil court and
on the other hand advised the plaintiff to work out his grievance in the court
only. The dissatisfied plaintiff was forced to give complaint to the Hindupur II
Town P.S. about the criminal activities of the defendants by sending the
complaint by way of registered post with ack.due. The Hindupur-II Town P.S.
having received the complaint of the plaintiff did not react nor register a case
against the defendants for illegal trespass and occupation.
07. The plaintiff submits that the defendants have no respect or regard to
the orders of the Honorable court and on the other hand have taken the law into
their own hands and dispossessed the plaintiff from the suit schedule property
taking advantage of the plaintiff and his family members in the suit schedule
property and occupied the suit schedule property illegally. Since the defendants
are in illegal occupation and they are bound to vacate the suit schedule property.
Considering the possession of the plaintiff over the suit schedule property, his
name is also mutated in the revenue records and he has been paying the taxes to
the Hindupur Municipality. Thus the plaintiff is the absolute owner of the suit
schedule property and except the plaintiff nobody has got any right, title over the
property.
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08. The plaintiff submits that the defendants have no right over the
property as they have parted the suit scheduled property infavour of the plaintiff
05-011-2021, itself by way of registered sale deed. The plaintiff is persisting the
defendants to vacate the suit schedule property. But the defendants are
reluctant and are postponing on one ground or the other. In fact, the defendants
are also liable to pay the damages to the plaintiff from the date of dispossession
till the vacating/delivery of the suit schedule property to the plaintiff. In spite of
the best efforts made by the plaintiff, the defendants have not vacated the suit
property and delivered possession of the suit property to the plaintiff. On the
other hand, the defendants are claiming interest in the suit property. Under
those circumstances, the plaintiff has no other go except to institute the suit for
declaration of his right and recovery of possession over the suit property.
09. The plaintiff submits that there is a great demand for rents nearby the
suit scheduled property and the same is situated in prime place in
Sreekantapuram, in Hindupur Town. Like suit schedule property, the tenants
are giving not less than Rs.15, 000/- per month and hence the defendants are
liable to pay the damages @ Rs.15, 000-00 per month till the delivery of the suit
schedule property to the plaintiff.
10. The plaintiff submits that the defendants have no legal or moral right to
continue in the suit property as the same is the absolute property of the plaintiff.
In fact, the defendants have been demanding the plaintiff to pay more than the
sale consideration which they have agreed. Having sold the suit schedule
property to the plaintiff the defendants have no right to make such illegal
demands to the plaintiff and on the other hand the defendants are claiming
interest over the suit schedule property.
11. The plaintiff reserves the right to take appropriate criminal action
against the defendants for dispossessing the plaintiff from the suit schedule
property high handedly and in the absence of the plaintiff and his family
members. Since, the plaintiff is the absolute owner purchasing the suit property
for a lawful consideration from the defendants is entitled to seek for eviction to
the defendants from the suit schedule property. Hence the suit
IN THE COURT OF THE ADDL
JUNIOR CIVIL JUDGE,
HINDUPURAMU.
I.A No.527/2022 in O.S. 404/2022
Petition filed on behalf of the
Plaintiflkf/petitioner u/s
Order 23 Rule (2) (b) of C.P.C
Service From,:-
D.ULKALAPPA
Advocate,
HINDUOURAM.
Mob:- 9986091972
