IN THE COURT OF PRINCIPAL CIVIL JUDGE,
BENGALURU RURAL, BENGALURU
O.S NO:____________/2022
BETWEEN:
Sri B R Narasimhamurthy,
Son of Sri B K Ramamurthy,
Aged about 65 years,
Residing at No 239,
Doddagubbi Village,
Veerabhadra School Road,
SKR Nagar,
Bengaluru 560 077 Plaintiff
AND:
1. Smt Sudha G.N
Wife of R Ashok Kumar,
Aged major, Defendant No 1
2. Sri R Ashok Kumar,
Father name not known to
Plaintiff and husband of
Smt Sudha G N
Aged major Defendant No 2
(Both the Defendant No 1 and 2
Are residing at No 26, 1st Cross
Madappa Layout,
Bilishivile Village
Bengaluru 560 077)
3. Sri A Narayanappa,
Son of Late Avalappa
Aged major, Defendant No 3
4. Sri Ramesh Gowda,
Son of A Narayanappa,
Aged major Defendant No 4
(Both the Defendant No 3 and 4
Are Residing at No Krushi Nilaya,
Dodda Gubbi,
SRK Nagar Post,
Bengaluru 560 077)
5. Sri Gopal Gowda
Son of A Narayanappa,
Aged major
Dodda Gubbi,
Near Panchayath office,
SRK Nagar Post,
Bengaluru-560 077 Defendant No 5
MEMORANDUM OF PLAINT UNDER SECTION 26 READ
WITH ORDER VII RULE 1 AND 2 OF CODE OF CIVIL
PROCEDURE, 1908
The plaintiff humbly submits as under:
1. The address of the Plaintiff for the purpose of service of
summons/notice and other processes by this Hon’ble Court
is as stated in the cause title and that of their Counsel
Rajendra Desai and Associates, Advocates, # 4501 5th
floor, High Point 4, Palace Road, Bangalore - 560 001.
2. The address of the Defendant for the purpose of service of
summons, notice and other processes by this Hon’ble Court
is as stated in the cause title.
3. The plaintiff is the absolute owner and in absolute
possession of immovable property bearing Khatha No 103,
situated at Doddagubbi Village, Bidarahalli Hobli, Bengaluru
East Taluk, Bengaluru measuring East to West : 25 ½ Feet
and North to South : 37 ½ Feet and in total measuring to
an extent of 956.25 Feet, which is morefully described in
the Schedule and hereinafter referred the Schedule
Property. The plaintiff submits that the total entire extent
of the Site No 103 is East to West is 17 yards and North to
South is 25 yards. The plaintiff purchased a portion in Site
No 103 East to West : 25 ½ Feet and North to South : 37 ½
Feet .
4. The plaintiff acquired the Schedule Property vide a
registered sale deed dated 30.11.1991 from one Sri
Dyavanna son of Late Dodda Appaiah and his son D.
Muniyappa vide a registered sale deed registered in Book
No 1 as Volume No 415 , Pages No 80-85 as Document No
5729/1991-92 on 21.12.1991 in the office of Sub Registrar
, K.R Puram.
5. On such purchase, the plaintiff became the absolute owner
and was put into possession and enjoyment of the schedule
property. The plaintiff then applied for building license and
the same was granted on 16.06.1993 vide Sl No 8/1993-94
and on such permission, the plaintiff has constructed the
residential house. The petitioner has paid taxes to the
concerned grama panchayath till date.
6. The plaintiff then realised an inadvert error had crept into
citing of the measurement. It was realised that instead of
East to West : 25 ½ Feet and North to South : 37 ½ Feet,
the schedule contained as East to West : 37 ½ Feet and
North to South : 25 ½ Feet and as the Vendor who had sold
the Schedule Property in favour of the plaintiff were
unavailable, the plaintiff herein got executed a declaration
in favour of himself vide a registered deed registered in
Book No 1 as Document No BDH-1-01295-2021-22 and
stored in CD No BDHD811 on 20.07.2011.
7. The plaintiff without interruption of anyone was in absolute
possession and continued enjoyment of the Schedule
Property. On 29.12.2021, the plaintiff received a notice
from the Doddagubbi Grama Panchayath instructing the
plaintiff to submit the documents relating to the schedule
property. It was informed that the Defendant No 1 and one
by name N Saraswathi have lodged complaint. On receipt of
such notice, on 31.12.2021, the plaintiff replied and
requested the Grama Panchayath to provide complete
details in reference to which property so that the plaintiff
will able to furnish the documents. On 13.01.2022, the
Grama Panchayath replied in reference to Site No 100 and
in turn vide a reply dated 19.01.2022, the plaintiff replied
that he is not the owner of the Site No 100 and he does not
have any documents with reference to Site No 100.
8. On 27.01.2022, the plaintiff received a notice from the
Grama Panchayath instructing the plaintiff to produce the
documents pertaining to Site No 103, i.e the schedule
property. On 28.01.2022, the plaintiff submitted all the
relevant documents and the same was acknowledged by
the Grama Panchayath. Receiving no response on
09.02.2022, the plaintiff addressed a letter to the Grama
Panchayath. On 28.02.2022, the Grama Panchayath
intimated that the officers of the Grama Panchayath will
visit the schedule property for inspection and to come along
with the documents.
9. On 05.3.2022, the defendant No 1 and 2 with support and
connivance of defendant No 3 to 5, who are the family
members of the defendants No 1 and 2 having no right over
the schedule property did not co-operate with the Grama
Panchayath officials and after their visit, using their power,
money and influence have demolished the compound wall
in the schedule property on the ground that the same
belong to Government Road. The Plaintiff and his son tried
to stop the demolish and to some extent were successful
retaining some extent of compound. However, the
defendants were large in numbers and after assembling of
public have stopped the interference and demolish and
went away and that they would come after and in any
manner would demolish and make way.
10. On perusal of the Schedule as described in sale deed
dated 30.11.1991 which was alienated in favour of the
Plaintiff, it shows that road exist on the West Side.
However, the defendants are alleging that the road exist on
Northern side. It is pertain to note that the Schedule of the
Site No 103 does not contain road to the Northern Side as
outlined in the House/ Tax Assessment List for the year
1961-62.
11. The defendants not being any lawful authority illegally
are trying to interfere with the peaceful possession and
enjoyment of the schedule property. The defendants in any
manner have no right or interest or title to deal or meddle
with the suit schedule property in any manner. It is for the
Grama Panchayath to act in accordance with law if there
are any violations; however, the defendants illegally are
trying to interfere with the peaceful possession and
enjoyment of the Schedule Property.
12. Against the said illegal interference, the plaintiff
approached the jurisdictional police on 05.03.2022, the
jurisdictional police have failed to register a complaint and
have not issued any endorsement. Orally, the plaintiff was
instructed to approach the civil court as the matter pertains
to civil in nature.
13. The Defendants are very powerful persons in the area
and have got men and money at their back and that apart
they have got assistance of the antisocial elements and the
defendants are capable achieving their illegal objects by the
use of force. The Plaintiff being Law abiding person have no
support from anybody to resist the high handed and illegal
acts of the Defendants for all times to come without the
indulgence and assistance of this Hon’ble Court. Hence this
suit. The defendants have damaged the compound wall.
14. Cause of Action: It is submitted that the cause of
action for the above suit arose on 05.03.2022, when the
defendants tried to interfere with the peaceful possession of
the property and tried to demolish the compound wall in
the schedule property.
15. Jurisdiction: The suit Schedule property is situated
within the territorial jurisdiction of this Hon’ble Court.
16. Court Fee: The present suit is filed for relief of
permanent injunction and the Plaintiff has valued the suit
schedule property for a sum of Rs. 1000/- as per the
valuation slip furnished herewith and has paid court fees
accordingly.
17. It is submitted that the Plaintiff has not filed any other
suit for the relief sought herein, and the Plaintiff have no
other alternative or efficacious remedy except to approach
the Hon’ble Court
PRAYER
WHEREFORE, the Plaintiff pray that this Hon’ble Court may
be pleased to pass judgment and decree as follows:
(i) Grant an order of Permanent injunction restraining the
Defendants or their servants, agents, anybody claiming
through them from interfering with the Plaintiff’s peaceful
possession of the suit schedule property.
(ii) Grant such other relief/s as this Hon’ble Court deems fit to
grant in the circumstances of the case.
(iii) Grant costs of this proceeding.
Date: 16.03.2022
Place: Bengaluru Plaintiff
Advocate for the Plaintiff
SCHEDULE PROPERTY
All that part and parcel of immovable property bearing Khatha No
103, situated at Doddagubbi Village, Bidarahalli Hobli, Bengaluru
East Taluk, Bengaluru measuring East to West : 25 ½ Feet and
North to South : 37 ½ Feet and bounded on
East by : Muniswamappa’s Vacant Site
West by : Road
North by : Mariyappa’s Vacant Site
South by : Ramanjiappa’s Vacant Site
Place: Bengaluru
Date:16.03.2022 Plaintiff
Advocate for Plaintiff
VERIFICATION
I, Son of Sri B K Ramamurthy son of B K Ramamurthy, Aged
about 65 years, the Plaintiff herein in the above case do
hereby declare that the statement made in the above Para
Nos.1 to 11 are true and correct to the best of our knowledge
and belief.
Place: Bengaluru
Date: 16.03.2022 Plaintiff
IN THE COURT OF PRINCIPAL CIVIL JUDGE,
BENGALURU RURAL , BENGALURU
O.S NO:____________/2022
BETWEEN:
Sri B R Narasimhamurthy Plaintiff
AND:
Smt Sudha G.N and others Defendants
VERIFYING AFFIDAVIT
I, B R Narasimhamurthy, Son of Sri B K Ramamurthy, Aged
about 65 years, Residing at No 239, Doddagubbi Village,
Veerabhadra School Road, SKR Nagar, Bengaluru 560 077 ,
do hereby solemnly affirm and state on oath as follows:
1. I am the Plaintiff in the above case. I know the facts and
circumstances of the case and able to depose matters
pertaining thereto.
2. I state that the statement made in the plaint at Para
No.1 to are true and correct to the best of my
knowledge and belief.
3. I state that the Document No.1 to is certified
copy and Document No………. is photocopy.
Identified by me
Advocate
Place: Bengaluru
Date: 16.03.2022 DEPONENT
IN THE COURT OF PRINCIPAL CIVIL JUDGE,
BENGALURU RURAL , BENGALURU
O.S NO:____________/2022
BETWEEN:
Sri B R Narasimhamurthy Plaintiff
AND:
Smt Sudha G.N and others Defendants
AFFIDAVIT
I, I, Son of Sri B K Ramamurthy, Aged about 65 years,
Residing at No 239, Doddagubbi Village, Veerabhadra School
Road, SKR Nagar, Bengaluru 560 077 , do hereby solemnly
affirm and state on oath as follows:
1. I am the Plaintiff in the above case. I know the facts and
circumstances of the case and able to depose matters
pertaining thereto.
2. I submit that the above suit against the Defendant for relief
of permanent injunction restraining the Defendants from
interfering with my peaceful possession and enjoyment of
the suit schedule property. The statement made in the
plaint may be read as part and parcel along with part and
parcel along with this affidavit for the sake of brevity and
avoid repetition.
3. I submit that I am the absolute owner and in absolute
possession of immovable property bearing Khatha No 103,
situated at Doddagubbi Village, Bidarahalli Hobli,
Bengaluru East Taluk, Bengaluru measuring East to West
: 25 ½ Feet and North to South : 37 ½ Feet and in total
measuring to an extent of 956.25 Feet. I submit that the
total entire extent of the Site No 103 is East to West is 17
yards and North to South is 25 yards. I purchased a
portion in Site No 103 East to West : 25 ½ Feet and North
to South : 37 ½ Feet .
4. I purchased the Schedule Property vide a registered sale
deed dated 30.11.1991 from one Sri Dyavanna son of
Late Dodda Appaiah and his son D. Muniyappa vide a
registered sale deed registered in Book No 1 as Volume
No 415 , Pages No 80-85 as Document No 5729/1991-92
on 21.12.1991 in the office of Sub Registrar , K.R Puram.
On such purchase, I have became the absolute owner
and was put into possession and enjoyment of the
schedule property. I then applied for building license and
the same was granted on 16.06.1993 vide Sl No 8/1993-
94 and on such permission, the plaintiff has constructed
the residential house. I have paid paid taxes to the
concerned grama panchayath till date. However, there
was an inadvert error had crept into citing of the
measurement. It was realised that instead of East to West
: 25 ½ Feet and North to South : 37 ½ Feet, the schedule
contained as East to West : 37 ½ Feet and North to
South : 25 ½ Feet and as the Vendor who had sold the
Schedule Property in favour of the me were unavailable, I
got executed a declaration deed vide a registered deed
registered in Book No 1 as Document No BDH-1-01295-
2021-22 and stored in CD No BDHD811 on 20.07.2011.
5. I state that without interruption of anyone was in absolute
possession and continued enjoyment of the Schedule
Property. On 29.12.2021, the plaintiff received a notice
from the Doddagubbi Grama Panchayath instructing me to
submit the documents relating to the schedule property.
It was informed that the Defendant No 1 and one by
name N Saraswathi have lodged complaint. On receipt of
such notice, on 31.12.2021, I replied and requested the
Grama Panchayath to provide complete details in
reference to which property so that the plaintiff will able
to furnish the documents. On 13.01.2022, the Grama
Panchayath replied in reference to Site No 100 and in turn
vide a reply dated 19.01.2022, I have replied that he is
not the owner of the Site No 100 and he does not have
any documents with reference to Site No 100.
6. I submit that on 27.01.2022, I received a notice from the
Grama Panchayath instructing me to produce the
documents pertaining to Site No 103, i.e the schedule
property. On 28.01.2022, I have submitted all the
relevant documents and the same was acknowledged by
the Grama Panchayath. Receiving no response on
09.02.2022, I have addressed a letter to the Grama
Panchayath. On 28.02.2022, the Grama Panchayath
intimated that the officers of the Grama Panchayath will
visit the schedule property for inspection and to come
along with the documents.
7. On 05.3.2022, the defendant No 1 and 2 with support and
connivance of defendant No 3 to 5, who are the family
members of the defendants No 1 and 2 having no right
over the schedule property did not co-operate with the
Grama Panchayath officials and after their visit, using
their power, money and influence have tried to demolish
the compound wall situated on the northern side in the
schedule property on the ground that the same belong to
Government Road, I and my son tried to stop the
demolish and to some extent were successful. However,
the defendants were large in numbers and after
assembling of public have stopped the interference and
demolish and went away and that they would come after
and in any manner would demolish and make way.
8. I submit that on perusal of the Schedule as described in
sale deed dated 30.11.1991 which was alienated in favour
of me, it shows that road exist on the West Side.
However, the defendants are alleging that the road exist
on Northern side. It is pertain to note that the Schedule
of the Site No 103 does not contain road to the Northern
Side as outlined in the House/ Tax Assessment List for the
year 1961-62.
9. I submit that the defendants not being any lawful
authority illegally are trying to interfere with the peaceful
possession and enjoyment of the schedule property. The
defendants in any manner have no right or interest or title
to deal or meddle with the suit schedule property in any
manner. It is for the Grama Panchayath to act in
accordance with law if there are any violations; however,
the defendants illegally are trying to interfere with the
peaceful possession and enjoyment of the Schedule
Property.
10. I submit that against the said illegal interference, the
plaintiff approached the jurisdictional police on
05.03.2022; the jurisdictional police have failed to
register a complaint and have not issued any
endorsement. Orally, I was instructed to approach the
civil court as the matter pertains to civil in nature.
11. I submit that the Defendants are very powerful persons in
the area and has got men and money at their back and
that apart they have got assistance of the antisocial
elements and the defendants are capable achieving their
illegal objects by the use of force. I being law abiding
person and senior citizen may not be able to stop the
nefarious activity of the defendants and not be able to get
the support from anybody to resist the high handed and
illegal acts of the Defendants for all times to come without
the indulgence and assistance of this Hon’ble Court. The
Defendants want to create unnecessary problems and
without having any right, title and interest over the
suit schedule property are trying to interfere with my
peaceful possession and enjoyment of the suit
schedule property.
12. I submit that I am in possession of the suit schedule
property having absolute right, title and interest over the
suit schedule property. I have got the balance of
convenience in my favour. I further submit that if the
Defendants are not restrained from interfering with my
peaceful possession of the suit schedule property, I will be
put to irreparable loss and injury, which cannot be
compensated in terms of money. Hence, this application.
13. I submit that if the accompanying application is allowed
no loss, injury or hardship would be caused to the
Defendants. Per contra, if the accompanying application
is not allowed I would be put to great loss and hardship.
WHEREFORE, it is humbly prayed that this
Honourable Court may be pleased to allow the accompanying
application in the interest of justice and equity.
Identified by me
Advocate
Place: Bengaluru
Date: 16.03.2022 DEPONENT
No. of Corrections:
IN THE COURT OF PRINCIPAL CIVIL JUDGE,
BENGALURU RURAL , BENGALURU
O.S NO:____________/2022
BETWEEN:
Sri B R Narasimhamurthy,
Son of Sri B K Ramamurthy,
Aged about 65 years,
Residing at No 239,
Doddagubbi Village,
Veerabhadra School Road,
SKR Nagar,
Bengaluru 560 077 Plaintiff
AND:
1. Smt Sudha G.N
Wife of R Ashok Kumar,
Aged major, Defendant No 1
2. Sri R Ashok Kumar,
Father name not known to
Plaintiff and husband of
Smt Sudha G N
Aged major Defendant No 2
(Both the Defendant No 1 and 2
Are residing at No 26, 1st Cross
Madappa Layout,
Bilishivile Village
Bengaluru 560 077)
3. Sri A Narayanappa,
Son of Late Avalappa
Aged major, Defendant No 3
4. Sri Ramesh Gowda,
Son of A Narayanappa,
Aged major Defendant No 4
(Both the Defendant No 3 and 4
Are Residing at No Krushi Nilaya,
Dodda Gubbi,
SRK Nagar Post,
Bengaluru 560 077)
5. Sri Gopal Gowda
Son of A Narayanappa,
Aged major
Dodda Gubbi,
Near Panchayath office,
SRK Nagar Post,
Bengaluru-560 077 Defendant No 5
APPLICATION UNDER ORDER VI RULE 14-A OF THE
CODE OF CIVIL PROCEDURE 1908
It is submitted that the addresses of the Plaintiff and the
Defendants furnished in the cause title by the Plaintiffs are
true and correct.
Place: Bangalore PLAINTIFF
Date:
