IN THE COURT OF 4th ADDL.
SENIOR CIVIL JUDGE BENGALURU
RURAL AT BENGALURU
G &W.C. No 115/2024
BETWEEN
Chi. Lavanya. R & Others …………………... PETITIONERS
AND
Smt. Kanyakumari W/o Murali …….……………...RESPONDENT
OBJECTIONS FILED ON BEHALF OF THE RESPONDENT TO THE
PETITION FILED BY THE PETITIONERS UNDER SECTION 7 &17 OF
THE GUARDIAN & WARDS ACT.
The respondent most humbly begs to submit as follows;
1) That the address of the respondent for the purpose of service of
notice, summons, process etc, from this Hon’ble Court is as stated in
the cause title. This Respondent may also be served through his
Counsels Sri.Komaleshwara.B.S, Ganapathynagarajan.J and
Pradeep.K.S Advocates, KBS & Associates, Advocates having office
at No.790,2nd floor, Suvarna Jyothi Nagar, Behind Near Ganesh
Temple, Nagadevanahalli, Bengaluru – 560056.
2) The Respondent respectfully submitted that at the outset, the
petition is not maintainable either in law, or on facts, and the same
is liable to be dismissed in lime line.
3) The respondent submit that, the petitioners has not approached this
Hon’ble court with clean hands and they are suppressed the
material facts and as such the plaintiff is not entitled to any orders
from the hands of this Hon’ble court.
4) The respondent submit that, the petition filed by the petitioners is
not maintainable in law or on facts as the same is filed with a
malafide intention of harassing the respondent and coerce the
respondent and bring her to their illegal terms. It is further
submitted that, the averments in the petition are baseless and
wholly misconceived. The petitioners have suppressed the material
facts and they have not approached this Hon’ble Court with clean
hands.
5) It is submit that, the averments made in the petition are bald, vague
and lacks particulars more so and on perusal of the petition the
averments made discloses that there is no factual case of action
arise to the petitioners to file the present petition against the
respondent, the cause of action pleaded by the petitioner are
imaginary and invented, no material document is placed by the
petitioners to substantiate the allegations made in the petition.
6) It is Submitted that, the petitioners are guilty of conduct,
negligence, and acquiescence in the matter and hence the
petitioners are estopped from filing the above petition.
7) It is submitted that, the petition filed by the petitioners in the
present form is wholly misconceived, a mere reading of the petition
clearly shows that the petition filed is merely based on concocted
documents. This shows that the petition has been filed to harass the
respondent and extract illegal money from her. On this ground the
above petition is liable to be dismissed at the very threshold itself.
8) The averments made in para – 3 of the petition, that it is submitted
that both the first and second Petitioner are minor female and male
children of late Raju and late Smt. Dhanuja. The first Petitioner is
aged about 5 years and the second Petitioner is aged about 3 years
they are in custody and grandmother third Petitioner herein. care of
who is the mother of late Smt. Dhanuja. At present they are in
custody and care of grandmother 3rd petitioner and residing house
No.256, Udipalya Village, Udayapura Post, Uttarahalli Hobli,
Bengaluru South Taluk, Bengaluru. The 3rd petitioner is also residing
in her husband house which is at Rampura Village, Karikaldoddi
Post, Maralavadi Hobli, Harohalli Taluk, Ramanagara District-562112,
these facts are admitted as true.
9) The averments made in para – 3(A),3(B),3(C) and 3(D) of the
petition, that the facts are admitted as true.
10) The averments made in para – 4, a,b,c of the petition The 3rd
petitioner submit that late Ramanna (Grandfather of the Petitioner
No.1 & 2 and father of late Raju.) has self-acquired the immovable
property bearing No.256 Udipalya Village, Udayapura Post,
Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru. Subsequent to
death of Ramanna the said property was transferred to his wife
name Smt. Gowramma and Panchayathi katha was transferred in
the name of said Gowramma. As per Documents, the above property
their consist of Seven residential premises wherein the ground floor
Two house, in first floor three houses and in second floor two houses
respectively.
a) In the ground floor portion in one of the residential house the
petitioner No.1 to 3 are residing.
b) In the ground floor portion in remaining another one house the
respondent has unauthorized let out to tenants after she illegally
occupied the premises belonging to her parents house. After date of
death of her mother and brother Raju (the father of petitioner No.1
& 2).
c) In the first floor and second floor residential portion the tenant
were occupied, all are hereby absolutely denied as false and
fabricated story of the petitioner and hence the same is subject to
strict proof of evidence.
11) The averments made in Para – 5, 5(A),5(B),5(C) and 5(D) of the
petition that, Whereas, the 3rd Petitioner submit that;
(i)from date of marriage in year 2018 the father of Petitioner 1 & 2 was
living with his wife and mother, in the above said residential
premises.
(ii) Subsequently Petitioner 1 & 2 were born who lived together along
with their parents Late Dhanuja and Late Raju and also along with
their grandmother Gowramma in the above said residential premises
peacefully without any hurdles in their family till the date of the death
of petitioner No.1 & 2 parents and grandmother respectively as
mentioned below:
5(A) The 3rd Petitioner submits that:
During the year 2022 her son-in-law Raju father of Petitioner No.1 & 2
died due to suicide as per Document No:
5(B). Unfortunately, the grandmother of Petitioners 1 & 2 son-in-law
Smt. Gowramma also died in the year 2022 as per Document No......
5(C) Thereafter subsequently the mother of petitioner 1 & 2 Smt.
Dhanuja also died in the year 2022 as per Document No......
5(D) It is submitted that the 3rd Petitioner family completed all
funeral ceremonies of her son-in-law. daughter & daughters mother-
in-law respectively, partially admitted but rest of all hereby absolutely
denied as false and concocted story of the plaintiff, hence the same
are subject strict proof of evidence.
12) The averments made in Para -6 of the petition, that, the 3rd petitioner
submit that due to series of death of elder members as stated above
in the petitioner No.1 & 2 family who resided in the above said house
property the petitioner No. 1 & 2 minor children are only survived
members. Therefore, subsequent to death of parents of Petitioner 1 &
2 being minor children are in custody of 3rd petitioner's who is taking
case of them as guardian and petitioners 1 & 2 are living along with
the 3rd petitioners house, these are admitted as true.
13) The averments made in Para – 7 of the petition that, It is submitted
that the respondent Smt. Kanyakumari presently was residing in her
husband house No. 93, Madduramma Temple Road, Vajarahalli,
Thalagattapura, Bengaluru -560062, the respondent relationship with
petitioner No.1 & 2 was stated in above para..... who is the aunty and
close family relationship as sister of late Raju was also legally
responsible to take care of her brother (Late Raju) minor children’s
petitioner No.1 & 2 till date they attain major age accordant to law,
are all hereby denied as false and fabricated story of the Petitioner
and hence the same is subject to strict proof of evidence. Further
state that, the petitioner no-3 is having evil intention and motive to
grab the entire schedule property, for the same the present petition
is filed.
14) The averments made in para – 8, 8(A),8(B),8(C) and 8(D) of the
petition that, it is submitted that the respondent instead taking care
of as guardian of her brothers minor children Petitioner No.1 & 2,
subsequent death of her mother (late Gowramma), brother (late
Raju), and brother's wife (late Dhanuja) she forcibly acquired physical
possession of portion of house property mentioned in above para 4
belonging to her mother/brother's house protesting against the 3rd
petitioner's family and took all the movable articles belonging to the
Petitioner No. 1 & 2 family being gold in the house and silver jewels
and other relevant original Documents related movable and
immovable properties including house hold articles. And also,
vehicles Maruthi Van bearing No. KA05MV9447, Two-Wheeler bearing
registered No.AK 05L G0079 including two Auto rikshaws owned by
late Raju and his family members. As per list of movable and
immovable property as per Document.
8(a) it is submitted that in respect of above act by the respondent in
respect of petitioner 1 & 2 family the 3rd petitioner son Dharshan
had lodged a police complaint against respondent before concerned
jurisdictional police station as per Document No......
8(b) It is further submitted the respondent also gave was police
complaint against some of 3rd petitioner's family members before
and made them to be in prison. Which are all criminal petitions
pending for consideration as per Document No.
8(c) It is further submit that the respondent is only interested in
achieving her goals to grab the immovable properties of petitioner
No.1 & 2 by fraudulent intention misrepresented by false statement
in her affidavit and Documents in respect of her brother's family
stating that her brother had no children, before concerned revenue
authorities and obtained the false family tree showing of wrong
entry. of her parents house about her brother's family members as
Document No.....
Which shall and mean
"Apparently which substantiate the character and conduct of the
respondent which shows failure of the respondent to take care of
lively hood of petitioner No.1 & 2 and also to protect their movables
and immovables properties till their attains age majority".
8(d) The respondent has not have good motive or good intention not
even have any pinch of love and affection towards the petitioner
No.1 & 2 to maintain their lively hood, these are all hereby denied
as false and fabricated story of the Petitioner and hence the same is
subject to strict proof of evidence.
15) The averments made in para – 9 of the petition that, It is submitted
that subsequent death of parents of petitioner No.1 & 2 the 3rd
petitioner and her family members taking care of them as one
among their family members.
9(i). The 1st petitioner was admitted to UKG the school known as
Brundavanana High School, at Uyyalappanahalli, Maralavadi,
Kanakapura Taluk Ramanagara.
9(ii). The 3rd petitioner taking care of the minor children petitioner
No.1 & 2, since during the year... the 2nd petitioner was suffering
from some The 2nd petitioner's family admitted to the
Sanjayagandhi Hospital and got treatment till date and he was
presently improved in his health condition, in which in all this
duration of hospitalization all the expenditures was born by the 3rd
petitioner's family members about approximately Rs.5,00,000/
(Rupees Five Lakhs Only).
Apparently above facts shows the above facts shows the 3rd
petitioner took all the steps for career development of the petitioner
1 & 2 as për Documents, these are all hereby denied as false and
fabricated story of the Petitioner and hence the same is subject to
strict proof of evidence.
16) The averments made in para – 10 of the petition that, it is submitted
that for the progress of the course of minor child petitioner 1 & 2
any one must take care of them who shall be appointed as guardian.
The 3rd petitioner has guardian is taking and also taken all steps for
development of career of minor children petitioner No.1 & 2 till date
attain the age of major in respect of all movables and immovable
belonging to them, these are all hereby denied as false and
fabricated story of the Petitioner and hence the same is subject to
strict proof of evidence.
17) The averments made in para – 11 of the petition that, it is
submitted that for reasons already stated above in para 8 the act
of respondent which is coupled with the hostile attituded towards
the minor children Petitioner 1 & 2 is not conductive for petitioners
1 & 2 to develop in a healthy manner and in condition of freedom
and dignity. Which shows the minor children petitioner 1 & 2 life
and welfare will be put to miserable seriously Jeopardized if the
respondent is appointed as guardian of petitioner 1 & 2 till they
attain age of majority. these are all hereby denied as false and
fabricated story of the Petitioner and hence the same is subject to
strict proof of evidence.
18) It is submitted that the petitioner has suppressed that fact
that there is a Original Suit for partition and other
consequential reliefs filed against the petitioners by the
respondent in O.S. No. 305/2024, pending adjudication
before the Ist Addl. Senior Civil Judge, Bengaluru Rural at
Bengaluru. The petitioners have avoided receipt of
Summons in the said case and have filed this petition
before appearing in the original suit, which shows the
conduct of the petitioners. The petitioner No. 3 has also
instituted a case in Crime No. 180/2022 and Crime No.
259/2023 against this respondent and others with frivolous
averments only to deceive the right of this respondent.
19) The other allegations made in the petition which are not so far been
traversed herein specifically and runs contrary to the stand taken by
this respondent are hereby denied as false and untenable and the
petitioner may be put to strict proof of the said allegations.
20) All averments, allegations and claims which are contrary to
the above facts and which are not specifically traversed
herein are hereby denied as false, baseless, and created for
the purpose of the case and therefore petitioners are put to
strict proof of the same.
WHEREFORE this Respondent, most respectfully prays
that this Hon’ble Court may be pleased to dismiss the
petition with exemplary cost, in the interest of justice and
equity.
ADVOCATE FOR RESPONDENT RESPONDENT
VERIFICATION
I, Kanyakumari, W/o.Murali, aged about 33 years, the
respondent herein do hereby declare and verify that what is stated
above are true and correct to the best of my knowledge,
information, and belief.
PLACE: Bangalore.
DATE: 06-06-2025 RESPONDENT
IN THE COURT OF 4th ADDL.SENIOR CIVIL JUDGE BENGALURU
RURAL AT BENGALURU
G &W.C. No 115/2024
BETWEEN
Chi. Lavanya. R & Others …………………... PETITIONERS
AND
Smt. Kanyakumari W/o Murali …….……………...RESPONDENT
VERIFYING AFFIDAVIT
I, Kanyakumari, W/o. Murali Aged about 33 years R/at No.93,
Madduramma Temple Road, Vajarahalli, Talaghattapura Bengaluru -
560062. Do hereby solemnly affirm and state on oath as under:
1. I submit that I am the respondent herein and I know the facts
of the case hence I am swearing to this affidavit.
2. I submit that the averments made in pars 1 to 20 of the
accompanying Objection Statement are true and correct to the
best of my knowledge, belief, and information.
Identified by
DEPONENT
Advocate,
PLACE: Bangalore.
DATE: 06-06-2025
IN THE COURT OF 4th ADDL.SENIOR CIVIL JUDGE BENGALURU
RURAL AT BENGALURU
G &W.C. No 115/2024
BETWEEN
Chi. Lavanya. R & Others …………………... PETITIONERS
AND
Smt. Kanyakumari W/o Murali …….……………...RESPONDENT
MEMO FOR ADOPTION
The Respondent has filed detailed objection statement in the
above case and the said objection may kindly be treated as objections to
IA No.1 filed by the plaintiff Under Order 39 Rule 1 & 2 of the CPC, in the
interest of justice and equity.
Date 06-06-2025
Bangalore Advocate for Respondent
IN THE COURT OF 4th ADDL.SENIOR CIVIL JUDGE BENGALURU
RURAL AT BENGALURU
G &W.C. No 115/2024
BETWEEN
Chi. Lavanya. R & Others …………………... PETITIONERS
AND
Smt. Kanyakumari W/o Murali …….……………...RESPONDENT
INDEX
Sl. Page
No. Descriptions No
OBJECTIONS FILED ON BEHALF OF THE
01.
RESPONDENT TO THE PETITION FILED BY THE
PETITIONERS UNDER SECTION 7 &17 OF THE
GUARDIAN & WARDS ACT IN 2 SETS
02. Verifying Affidavit
03. Memo for adoption for IA-1 U/o 39Rule 1& 2
04. Other side copy.
Date 06-06-2024
Bangalore Advocate for Respondent
