IN THE COURT OF CITY CIVIL JUDGE AT: BENGALURU

O.S. No. /2022

Between:
Smt.Lalithamma & Ors … Plaintiffs
And:
Sri.Vijay Kumar G.K … Defendant

INDEX
Sl.No. Description Pages C.F.
1. Plaint under Order VII Rule 1 CPC 1-
2. Verifying Affidavit.
3. Valuation slip.
4. List of documents with copies.
5. I.A. No.1 under Order 6 Rule 14A of C.P.C.
6. Vakalathnama
7. Process Memo with plaint copy for Defendant.
8. Memo for safe custody of the original documents

Bengaluru,
Date: 03.10.2022 Advocate For Plaintiffs
 IN THE COURT OF THE CITY CIVIL JUDGE, AT BENGALURU
O.S.No. /2016
BETWEEN:
1) SMT. LALITHAMMA,
W/o. late N.Gopalakrishna,
Aged:54, Occ:House hold work,
4 Floor, No.13 (Old No.25),
th
1 Cross, R.T.Street, Balapurpet,
st
Avenue Road Cross,
Bengaluru - 560 053,
2) SMT. PUSHPALATHA.G.K,
D/o. late Gopalkrishna.N.,
W/o.Raghavendra,
#43, 5th Main Road, Chikkalsandra,
Hanumagiri Nagar,
Chikkalsandra,
Bengaluru – 560061,
3) SMT.TRIVENI.G.K.,
D/o. late Gopalkrishna.N.,
W/o.Siddaraju,
#46, Budikere,
Kanakapura – 562 117 and
4) SMT. JAYASHREE.G.K.,
D/o. late Gopalkrishna.N.,
W/o. Thimmaraiappa,
Saraswathi Vidya Mandir,
Maruthi Layout,
Anekal – 560 021 … PLAINTIFFS
AND:
SRI. VIJAYKUMAR.G.K.,
S/o. late Gopalkrishna.N.,
4th Floor, No.13 (Old No.25),
1st Cross, R.T.Street,
Balapurpet, Avenue Road Cross,
Bengaluru - 560 053. … DEFENDANT
________x______
 PLAINT UNDER ORDER VII RULE 1 READ WITH SECTION 26 OF
THE CODE OF CIVIL PROCEDURE 1908
The Plaintiffs above named most humbly begs to submit as
under:
1. The address of the Plaintiffs for the purpose of service of
summons, notices, etc. from this Hon’ble Court is as stated in the
Cause title and also on their counsel Sri. ABCDEFGHI, No. ______, 2nd
Floor, _____________ Complex, 5th Main, Gandhinagar, Bangalore – 560
009.
2. The address of the defendant for service of notice, summons etc,
from this Hon’ble Court is as stated in the cause title.
3. That the Plaintiff No.1 is the wife of late N.Gopalakrishna and 2
to 4 are the daughters and the Defendant is the son. That the
Defendant and the Plaintiffs are the members of Hindu Undivided
Joint Family. The Plaintiffs state that the portion of the Schedule
Property has fallen to the share of Sri.N.Gopalakrishna under Partition
Deed dated 20.11.1953, when there was family partition amongst his
legal heirs. The Plaintiffs are herewith enclosing the Certified Copy of
the partition deed for kind perusal of this Hon'ble Court as Document
No.1. Sri.Subramanya and his mother Smt.Nanjamma have jointly
purchased the remaining portion of the Schedule Property from
Smt.Basamma and Sri.Lakshminarayana under a sale deed dated
24.05.1957 for a Valuable Sale Consideration. The Plaintiffs are
herewith furnishing the Certified Copy of the Sale Deed as Document
No.2. Since the original deeds are in the custody of the Defendant, the
Plaintiffs have furnished the Certified Copies of the same.
Smt.Nanjamma died intestate and left Sri.N.Gopalakrishna to inherit
to her share in the portion of the property that was jointly purchased
by her, as he being the only son. Thereafter Sri.N.Gopalakrishna has
amalgamated both the properties and the Bruhath Bengaluru
Mahanagara Palike has assigned Municipal No.25 and now bears
No.13, 1st Cross, R.T.Street, Balapurpet, Avenue Road Cross,
Bengaluru, measuring East to West 31 feet and North to South 27.3
feet, comprising of Ground, First, Second, Third and Fourth Floors,
which is more fully and particularly described in the schedule
hereunder and hereinafter referred to as the ‘SCHEDULE PROPERTY’
for the sake of brevity.
4. Subsequently Sri.N.Gopalakrishna got transferred the revenue
records in respect of the Schedule Property in his name and the copy
of Khatha Extract is herewith furnished as Document No.3. That
Sri.N.Gopalakrishna died intestate on 30.04.2016 leaving behind the
Parties to the suit to succeed to his estate being legal heirs. The copy
of the death certificate is herewith furnished as Document No.4.
Upon demise of N.Gopalakrishna, the Plaintiffs and Defendant are in
joint possession and enjoyment of the Schedule Property. That the
Schedule Property consists of 5 shops in the Ground Floor, one house
in 1st Floor with 2 bedrooms and single bed room two houses each in
2nd and 3rd Floor and one single bed room house in Fourth Floor. The
Defendant is in occupation of 2 shops in the Ground Floor and
residing in the 4th Floor house. The remaining portion of the shops and
houses are let out to tenants who are in possession of the same. The
Defendant is receiving the monthly rents from the tenants.
5. The Plaintiffs and the Defendant are entitled to 1/5th equal share
in the Schedule Property. After one year from the date of demise of
N.Gopalakrishna the Plaintiffs have been continuously demanding the
Defendant to divide the Schedule Property by metes and bounds by
effecting partition. But the Defendant has been assuring and
postponing the issue of partition on one or the other pretext and
dragging on the same. The Plaintiffs came to the conclusion that the
Defendant has no idea to effect the partition but instead is prolonging
the same in order to enjoy the rents and other mesne profits derived
from the Schedule Property and to deprive the Plaintiffs of the same.
The Plaintiffs and Defendant have got equal 1/5th share in the
Schedule Property as they are Class-I heirs under the Hindu
Succession Act, 1956.
6. That the 1st Plaintiff was all along residing with the Defendant
but of late the Defendant has also failed to give shelter and take care
of Plaintiff No.1 Smt.Lalithamma, the mother of Plaintiffs No.2 to 4
and the Defendant. That the 1st Plaintiff is now living with her
daughters i.e., Plaintiffs No.2 to 4. The Plaintiff No.1 is suffering from
various age related ailments and needs money to meet the medical
needs and which the Defendant has maliciously deprived her of and
also neglected to look after Plaintiff No.1 and also failed to discharge
his onus and duty to take care of his aged mother. The Plaintiffs have
been very sympathetic towards the Defendant, as the Defendant is
physically challenged and all these days the Plaintiffs were extending
their cooperation and helping hand notwithstanding the Defendant
has taken undue advantage of such co-operation and sympathy and
been misusing and mismanaging the joint family properties and failed
to account the income derived from the Schedule Property.
8. Now it has come to the knowledge of the Plaintiffs through their
discreet enquiry that the Defendant is falsely propagating that he is
the absolute Owner of the Schedule Property and searching for buyers
in order to sell the Schedule Property and to resettle without
disclosing the share of the Plaintiffs and in this regard the Defendant
has engaged real estate agents to look for prospective Purchasers. The
Plaintiffs state that they have equal share, right, title and interest in
the Schedule Property and there has been no partition or division
amongst the Undivided Hindu Joint Family Members.
9. The Plaintiffs have called upon the Defendant to effect the
partition by metes and bounds of the joint family property by causing
legal notice on 27.07.2020. The Plaintiffs have also caused legal notice
to tenants and requested not to pay the rents to the Defendant. The
said notice was sent by RPAD to the Defendant and the Tenants. That
the Defendant and the tenants have duly received the notice but have
not complied with the demands made therein or caused any reply. The
Plaintiffs are herewith furnishing this Hon'ble Court with the copy of
the legal notice, postal receipts, postal acknowledgements (5 in Nos.) is
herewith furnished as Document No.5, 6 and 7. Hence the Plaintiffs
have filed the above suit for Partition and Mesne Profits.
10. The cause of action for this suit arose on 30.04.2016 when
Sri.N.Gopalakrishna died intestate, on 27.07.2020 when the Plaintiffs
caused legal notice and on all subsequent events within the
jurisdiction of this Hon’ble Court.
11. The suit schedule property is situated within the jurisdiction of
this Hon'ble Court and hence this Hon'ble Court has the territorial
jurisdiction to entertain this suit.
12. There is no pendency of any legal proceedings and litigation
either past or present concerning any part of the subject matter of this
suit/petition in any court within the knowledge of the plaintiff.
13. The suit is for the relief of partition and consequential reliefs
against the defendant and the Court fee is paid as per separate
Valuation Slip.
WHEREFORE, the plaintiffs pray that this Hon’ble Court be pleased
to pass a judgment and decree against the defendant:
a) For partition of the Schedule Property by metes and bounds and to
put the Plaintiffs each in 1/5th share, right, title and interest.
b) For mesne profits in respect of the rents and other benefits accrued
from the Schedule Property and being utilized by the Defendant.
c) For grant of Permanent Injunction restraining the Defendant from
alienating the Suit Schedule Property by way of sale, mortgage, Lease, Will,
Release or creating any Third Party rights or any type of Encumbrances.
d) Grant such other relief/s as this Hon’ble Court deems fit in the
circumstances of the case, including costs of this suit, in the interest of
justice and equity.
SCHEDULE PROPERTY
All that part and parcel of residential-cum-commercial property
bearing No.13(Old No.25), 1st Cross, R.T.Street, Balapurpet, Avenue Road
Cross, Bengaluru – 560 053, comprising of Ground, First, Second, Third
and Fourth Floors, measuring East to West 31 feet and North to South 27.3
feet and bounded on the:
East by : Lakshmi Devamma’s House,
West by : House of Rangappa,
North by : House of Gurappa,
South by : Road.
1.
(Smt.Lalithamma)
2.
(Smt.Pushpalatha.G.K)
3.
(Smt.Triveni.G.K)
4.
(Smt.Jayashree.G.K)
ADVOCATE FOR PLAINTIFFS PLAINTIFFS

VERIFICATION
We, the Plaintiffs above named, do hereby declare that whatever is
stated in Paragraphs 1 to 12 are true and correct to the best of our
knowledge, information and belief.

1.
(Smt.Lalithamma)
2.
(Smt.Pushpalatha.G.K)
 3.
(Smt.Triveni.G.K)
4.
(Smt.Jayashree.G.K)
PLAINTIFFS
Bengaluru
Date: 01.10.2016
 IN THE COURT OF CITY CIVIL JUDGE AT BENGALURU
O.S.No. /2016
Between:
Smt.Lalithamma & Ors … Plaintiffs
And:
Sri.Vijay Kumar G.K … Defendant
VERIFYING AFFIDAVIT
I, Pushpalatha.G.K, aged 51 years, W/o. Sri.M.Raghavendra,
No.43, 5th Main Road, Chikkalasandra, Hanumagiri Nagar, Bengaluru
- 560 061, do hereby solemnly affirm and state on oath as under:
1. I am one of the Plaintiffs in the above case and well conversant
with the facts of the case
2. I state that the averments made in Para 1 to12 of the plaint are
true and correct to the best of my knowledge, information and belief.
The documents furnished at No.1 to 6 are originals/true/ attested
copies of the originals.
VERIFICATION
I, Pushpalatha.G.K, the deponent herein, do hereby solemnly
affirm and state that this is my name and signature and the contents
of this affidavit are true and correct to the best of my knowledge,
information and belief.
Identified by me
DEPONENT
Advocate Sworn to Before Me
Bengaluru
Date: 01.10.2016
No. of Corrections:
 IN THE COURT OF CITY CIVIL JUDGE AT BENGALURU

O.S.No. /2016
Between:
Smt.Lalithamma & Ors … Plaintiffs
And:
Sri.Vijay Kumar G.K … Defendant

LIST OF DOCUMENTS
1. Certified Copy of the Partition Deed dated 20.11.1953.
2. Certified Copy of the Sale Deed dated 24.05.1957.
3. Copy of Khatha Extract dated 03.10.2016.
4. Copy of the death certificate.
5. Copy of the legal notice dated 27.07.2016.
6. Copies of postal receipts.
7. Copies of postal acknowledgements (5 in Nos.).

Bengaluru,
Date: 03.10.2016 Advocate for Plaintiffs
 IN THE COURT OF CITY CIVIL JUDGE AT BENGALURU
O.S.No. /2016
Between:
Smt.Lalithamma & Ors … Plaintiffs
And:
Sri.Vijay Kumar G.K … Defendant

MEMO FOR SAFE CUSTODY

The Plaintiffs are herewith furnishing the following original
documents and most humbly pray that this Hon’ble court be pleased
to order the office to keep the same in safe custody, in the interest of
justice and equity.
LIST OF DOCUMENTS
1. Certified Copy of the Partition Deed.
2. Certified Copy of the Sale Deed.

3. Certified Copy of Khatha Extract.

4. Certified Copy of the death certificate of N.Gopalakrishna.
5. Office copy of the legal notice dated 27.07.2016.
6. Postal receipts of the RPAD.
7. Postal acknowledgements of the RPAD.

Bengaluru
Date: 01.10.2016 Advocate for Plaintiff