IN THE COURT OF THE SENIOR CIVIL JUDGE AND

JMFC AT HOSANGAR.
O.S. /2025
Between :-
1. S.M Praveen Kumar
S/o S.B Manjunatha
aged about 33 years
Haladamma Kripa
2nd cross, Gutyappa colony
Shivamogga City.

........ Petitioner
AND

1. Sundaresh
S/o Thuloji Rao
aged about 51 years
R/o Kerehalli village,
Kerehalli Hobli
Hosanagar Taluk
2. T.K Nataraj Chauhan
S/o Late R Krishnoji Rao
aged about 65 years
R/o Gavatoor village,
Kerehalli Hobli
Hosanagar Taluk

.............. Defendants

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PLAINT UNDER SECTION 26 ORDER 7 RULE 1 OF
C.P.C

1. The address of the plaintiff is as shown in the cause title of

the plaint for the purpose of service of sommons, notice etc.,
from the Hon’ble court and that of his counsel is
Santosh Kumar S
Advocate, Sagar
2. The address of the defendants is as shown in the cause title
of the plaint for the purpose of service of sommons, notice etc.,
from the Hon’ble court.

3. Plaintiff hereby submits as follows :

a) Suit schedule property belongs to defendants, the defendants
have become the owner of the property on the basis of a will
dated 26-08-2008, executed by Sannappa S/o Nanjayya Gowda,
registered in the office of the sub registrar in Hosanagar as
document number 34/2008-09, as was made known to.

b) Originally the suit schedule property was belonging to

government ans one Sannappa S/o Nanjayya Gowda was in
unauthorized occupation and had moved application for regulation
of his unauthorization of his unauthorized occupation based on
the grant certificate dated 05-01-2001 bearing grant certificate
number 23/2000-01. Based on the said grant certificate katha of
the property was changed in the name of Sannappa S/o Nanjayya
Gowda as per M.R No. 18/2000-01.

c) After the death of said Sonnappa katha of the suit schedule

property was changed in the name of defendants as per M.R No.
H7/2014-15. Based on the said will mentioned above defendants,
wherein possession and enjoyment of suit schedule property as
its owner.

d) Defendants are residents of Gavatoor and the suit schedule

property was for off from their residence. As defendants where
not getting their expected yeild and also due to the fact that suit
schedule property was at a far of place they had decided to sell
the suit schedule property. Plaintiff came to know about the
intensions of defendants and held discussion with them at that
point of time it was made know to plaintiff that, they had become
the owners of the property as stated above. Then take to place
between plaintiff and defendants in the presence of well wishers
and people know to both plaintiff and defendants finally the sale
price was fixed at Rs. 6,00,000-00 and it was also agreed that a
registered sale agreement was to be registered between the parties
accordingly at the conclusion of the talks plaintiff has paid sum
of Rs. 50,000-00 by way of cash to defendants in the registered
agreement that was entered subsequently on 24-08-2018. There is
rectial about the said payment of Rs. 50,000-00. The sale
agreement was got prepared by a deed writer known to them and
the defendant has also taken part in the every stage of the
prepartion of the sale agreement. The sale agreement was prepared
by the mentioning all the terms and conditions that were agreed to
between them.

e) In the registered sale agreement 24-08-2018. The various terms

and conditions agreed between the parties has been mentioned in
the registered sale agreement as was agreed between plaintiff and
defendants at the time of entering into he registered sale agreement
on 24-08-2018, plaintiff has paid a sum of Rs. 5,00,000-00 through
cheques of Karnataka Bank and Canara Bank in the name of
defendants number one and two. The said cheques issued by
plaintiff has being encashed by defendants and the sale proceedings
are used by defendants for their welfare and benefits. It was also
agreed between plaintiff and defendants that, the balance sale
consideration of Rs. 50,000-00 was to be paid by plaintiff at the
time of registration of sale deed. It was also agreed between
plaintiff and defendants that the defendants has to on time probate
and had to furnish the same about 15 days earlier to the agreed
date of the agreed date of registration i.e., 31-12-2019. As per the
talks that has taken place the sale deed was to be executed on 31-
12-2019. Eventhough date was fixed for execution of registered
sale deed, time was not the essence of the contract that was entered
into between plaintiff and defendants. It was also agreed that in
case the defendants try to the fraud plaintiff then a sum of Rs.
50,000-00 was to be deposition by plaintiff in his name in his
saving accounts and had to approach the Hon’ble court for
specific performance of the contract that was entered between
them and the other condition agreed between the parties is
mentioned in the registered sale agreement dated 24-08-2018. The
sale agreement was got prepared by defendants through a registered
deed writer know to them and defendants have also the required
stamp paper for registration of sale agreement and their by have
acted interms of the talks that was agreed between plaintiff and
defendants.

f) Eventhough defendants had agreed to execute the sale deed

after obtaining probate till dae the defendants have not approach
have taken stags to obtain and probate inrespect of the will excuted
by Sannappa S/o Nanjayya Gowda. Possession was not delivered
to plaintiff. Infact nothing needs to be done by plaintiff. Defendants
who are required to obtain probate inrespect of the will under
which they are claiming there right over the suit schedule property
have not obtained any such probate till today. Plaintiff has kept
balance sale consideration of Rs. 50,000-00 in his saving account
and a copy of the account statement is produced alongwith the
plaint for perusal of the Hon’ble court. Pliantiff is always ready
and willing to perform his part of contract and has been repeatedly
calling upon defendants to act interms of the registered sale
agreement. Plaintiff was always ready and willing his perform his
part of the agreement and had been calling upon defendants
repeatedly to execute the sale deed in his favour after receiving
balance sale consideration of Rs. 50,000-00, defendant had been
seeking time to execute the sale deed and had been assuring
plaintiff that, they had moved necessary application to obtained
probate and would provide the same to plaintiff. As per terms for
the sale agreement entered into between plaintiff and defendant,
plaintiff has deposited the balance sale consideration of Rs.
50,000-00 in his name in a saving account opened in IDFC First
Bank, Shvivamogga Branch, copy of the said passbook is
furnished alongwith this plaint for the appreciation by the Hon’ble
court. Plaintiff beleaves that, defendant want to defraud plaintiff
and make unlawful gain against enrich themselves by not executing
the sale deed inrespect of suit schedule property in favour of
plaintiff.

g) Defendants would always seek time to obtain probate on one

pretex or other. After persistant request, defendants were issued
with a notice by plaintiff through his advocate on 25-03-2024.
 -5-
The said notice is served on the defendants and they have issued
a reply notice in this regard denying the demand put by plaintiff.
Eventhough defendants have issued the reply notice they have
held talks with plaintiff and have sought time to execute the sale
deed infavour of plaintiff. After obtaining of probate from the
civil courts, defendants have also assured plaintiff that they would
get the civil court at the earliest and would execute the sale deed
infavour of plaintiff. Even after lapse of considerable period
defendants have not come forward to execute the sale deed in
favour of plaintiff and their by they have expressed their fradulant
intention of defraud in the plantiff. Hence left with no option
plaintiff have file the suit for specific performance of the contract.
Hence this suit.
Cause of Action :
Cause of action for this suit arisen on 23-08-2018 and on 25-
03-2024 when notice was issued to defendants carrying upon them
to execute the sale deed and also on 16-04-2024 when the defendant
have issued the reply notice at Hosanagar which is with inthe
jurisdiction of the Hon’ble court. Hence this court has got this
jurisdiction to file the suit.

Valuation :
Plaintiff has filed this suit for relief of specific performance
of contract dated 24-08-2018 and agreed sale consideration of
Rs. 6,00,000-00 as per Section 40 of Karnataka Court Fee and
Suit Valuation Act, court fee of Rs. 39,375-00 is paid on the plaint.
This court has got jurisdiction to try the suit as the property is
situated within the teritorial jurisdiction of the Hon’ble court and
also the pecuniary value of the property is within the pecuniary
jurisdiction of the Hon’ble court.

RELIEFS :
Therefore it is most respectfully prayed before the Hon’ble
court that and judgment and decree be passed in favour of plaintiff
against the defendant for the following relief.
i) For suit schedule property of the agreement dated 24-08-
2018 directing the defendant by means of a registered sale deed
convey in the suit schedule property infavour of plaintiff and on
his failure the same may be got done through the process of law
 -6-

and to handover the possession of suit schedule property.

ii) for permanent injunction restraining the defendant from

interfering in any way with peaceful possession and enjoyment of
suit schedule proprety.

iii) For cost of the suit and such other relief the Hon’ble court
may deem just and proper to grant in the facts and circumstances
of the case.

SCHEDULE
The property situated in Hosanagar Taluk, Kerehalli Hobli,
Halugudde village, bearing Sy.No. 49/1 measuring 1 acres 38 guntas
of dry land and bounded on the
East by : Property of Krishnamurthy.
West by :Property of Teekappa.
North by : Panchayath Road.
South by : Panchayath Road.

Advocate for Plaintiff Plaintiff

VERIFICATION
What are stated above are true and correct to the best of my
knowledge, belief and information.

Date Plaintiff
Place : Hosanagar