IN THE COURT OF THE HON’BLE JUNIOR CIVIL JUDGE CUM____
METROPOLITAN MAGISTRATE
AT: RAJENDRA NAGAR
O.S. No. OF 2025
BETWEEN:
T. Sunitha,
W/o: T. Vijay sekhar,
Aged about 51 Years, Occ: Housewife,
R/o: H.No. 16-11-578/6B, Gaddiannaram,
Opposite Red Cross Hospital, Dilsukhnagar,
Hyderabad-500060.
…Plaintiff
AND
Ahmed Abdus Samad Khalid,
S/o: Late Mohd. Abdul Razzak,
Age: Unknown, Occ: Unknown,
R/o: H.No. 10-47, Plot No 156, Street No.8,
H.M.T Nagar, Nacharam,
Hyderabad – 500076.
…Defendant
SUIT FOR MANDATORY INJUCTION
PLAINT FILED UNDER ORDER VII RULE 1 R/W SECTION 26 OF CODE OF
CIVIL PROCEDURE, 1908
I. DESCRIPTION OF PLAINTIFF:
The Plaintiff is the absolute owner of the suit schedule property. The address of the
Plaintiff for the purpose of service of all notices, summons and process etc., is that of his
counsel
________________________________________________________________________
________________________________________________________________________
______.
II. DESCRIPTION OF DEFENDANT:
The address of the Defendant for the purpose of service of summons, notices and
processes etc is the same as mentioned in the cause title of the Plaint.
III. THE PLAINTIFF RESPECTFULLY SUBMIT AS UNDER:
1. The Plaintiff is the absolute owner and possessor of a vacant plot bearing No.67 ,
ad-measuring 500 Sq yards in Survey no. 44, situated at Southern Mega
Township, Ootpally Village, Shamshabad municipality, Shamshabad Mandal,
Ranga Reddy District, Telangana State, bounded by North-Plot No.66, South-Plot
No. 68, East-Plot No. 72, West-33-0 ft wide road (Hereinafter referred as the “Suit
Schedule Property”) . The Plaintiff is seeking the relief of mandatory injunction
with respect to the entire Suit Schedule Property against the Defendant for
Protection and enjoyment of the Suit Schedule Property.
2. It is submitted that, M/s. Southern Continental Contractors Ltd. was the original
absolute owner and possessor of the Suit Schedule Property. The said company
executed a registered Sale Deed dated 07.11.2001, bearing Document No. 5028 of
2001, in favour of the Defendant herein. Pursuant thereto, the Defendant became
the absolute owner and possessor of the Suit Schedule Property. Subsequently, the
Defendant executed a registered Sale Deed dated 11.07.2024, bearing Document
No. 4851 of 2024, in favour of Sri Suman Bandaru and Sri Yeddla Kiran Goud,
whereby they became the joint absolute owners and possessors of the Suit
Schedule Property. Thereafter, the said Sri Suman Bandaru and Sri Yeddla Kiran
Goud executed a registered Sale Deed dated 08.10.2024, bearing Document No.
7386 of 2024, in favour of the Plaintiff herein, thereby conveying absolute title
and possession of the Suit Schedule Property to the Plaintiff.
Copy of the Sale Deed dated 07.11.2001, bearing Document No. 5028 of 2001,
copy of the Sale deed dated 11.07.2024 bearing Document No. 4851 of 2024 and
Certified copy of the sale deed dated 08.10.2024 bearing Document No. 7386 of
2024 is filed herewith as the Document No. 1,2 & 3.
3. It is submitted that, prior to purchasing the Suit Schedule Property, the Plaintiff
conducted due diligence, including a thorough background verification and an
Encumbrance Certificate search in respect of the Suit Schedule Property. The said
search revealed the flow of title as under:
i. From M/s. Southern Continental Contractors Ltd to Sri. Ahmed Abdus
Samad Khalid, through a Registered Sale Deed dated 07.11.2001, bearing
Document No. 5028 of 2001.
ii. From Sri. Ahmed Abdus Samad Khalid to Sri. Suman Bandaru and Sri.
Yeddla Kiran Goud, through a Registered Sale deed dated 11.07.2024
bearing Document No. 4851 of 2024.
Copy of the Encumbrance Certificate is filed herewith as Document No.4.
4. It is submitted that, upon verification of the title and background of the Suit
Schedule Property, and after exercising all due precautions to avoid any future
disputes, the Plaintiff duly purchased the Suit Schedule Property by paying the
entire sale consideration. A registered Sale Deed was executed in the Plaintiff's
favour, pursuant to which the Plaintiff became the absolute owner and possessor
of the Suit Schedule Property and was in peaceful and uninterrupted possession
thereof.
5. However, to the utter shock and dismay of the Plaintiff, on 01.01.2025, the
Defendant unlawfully interfered with the Plaintiff's possession of the Suit
Schedule Property and, without any authority or consent, illegally erected a board
on the said property. Being the absolute owner and possessor, the Plaintiff
immediately removed the said board. Subsequent to the aforesaid incident, the
Defendant made several further attempts to unlawfully interfere with the
Plaintiff’s peaceful possession and enjoyment of the Suit Schedule Property.
6. It is submitted that, merely with an intention to intimidate and harass the Plaintiff,
the Defendant lodged a false and frivolous police complaint before the Hyderabad
Police Station. However, no further action was initiated pursuant to the said
complaint, and to the best of the Plaintiff’s knowledge and belief, even a charge
sheet has not been filed in relation thereto. The conduct of the Defendant clearly
indicates that the complaint was lodged with a mala fide intention to unlawfully
threaten the Plaintiff and to usurp the Suit Schedule Property.
7. It is submitted that, the Plaintiff purchased the Suit Schedule Property out of her
lifetime savings, with the intent of securing her future and ensuring stability
during her old age. However, the Defendant has been continuously interfering
with and disturbing the Plaintiff’s peaceful possession and enjoyment of the Suit
Schedule Property. Despite being the absolute owner and possessor, the Plaintiff is
being unlawfully prevented by the Defendant from enjoying the legitimate fruits
and benefits of her rightful ownership.
8. It is submitted that, unless the Defendants are restrained from interfering with the
possession of the Plaintiff’s over the Suit Schedule Property, the Plaintiff would
be put to irreparable loss, hardship and injury beyond recovery. The Present suit is
filed against the defendant for continuous attempts by him in interfering with the
possession of the plaintiff over the suit schedule property.
IV. JURISDICTION:
9. The Suit schedule property is situated within the jurisdiction of this Hon’ble court
and as such this court has got territorial jurisdiction to try the suit.
V. CAUSE OF ACTION:
10. The cause of action of the suit arose in the month of ___________, when the
Plaintiff installed the board in the suit Schedule Property . The cause of action
continues to subsist even today due to the persistent and unlawful interference of
the Defendant most recently on __________ over the Suit Schedule Property
belonging to the Plaintiff.
VI. LIMITATION:
11. The suit is filed before the Hon’ble court seeking Mandatory Injunction. The suit
is filed within the period of 3 years as prescribed under the Limitation Act.
VII. VALUATION:
12. The suit being one for relief of mandatory injunction and relief of permanent
injunction is valued under Section 26 (c) of the A.P.C.F and S.V. Act at Rs.
1,00,000/- and advaloram court fee thereon in a sum of Rs.__________ is paid
under Art. 1[b] and [c] of the A.P.C.F and S.V. Act. Thus the total court fee of
Rs.___________/- is paid which is sufficient.
VIII. PRAYER:
It is therefore prayed that
a. A decree of mandatory injunction be granted in favour of the Plaintiff and
against the Defendants, directing the Defendants not to interfere with or
obstruct the Plaintiff’s peaceful possession and enjoyment of the Suit
Schedule Property.
b. A decree of mandatory injunction be passed in favour of the Plaintiffs and
against the Defendants restraining them their agents, assigns,
representatives, transferees, legal representatives etc from obstructing or
interfering into the Suit Schedule Property in any manner,
c. A decree of permanent injunction be passed in favour of the Plaintiffs and
against the Defendants retraining them from interfering with the ingress and
egress of the Plaintiffs to the Suit Schedule Property.
d. Costs of the suit be awarded and
e. Any other reliefs to which the Plaintiffs are entitled to may also be granted.
COUNSEL FOR PLAINTIFF PLAINTIFF
VERIFICATION
I, T. Sunitha, W/o: T. Vijay sekhar, Aged about 51 Years, Occ: Housewife, R/o: H.No.
16-11-578/6B, Gaddiannaram, Opposite Red Cross Hospital, Dilsukhnagar, Hyderabad,
Telangana do hereby declare that the contents of the plaint mentioned herein above are
true and correct to the best of knowledge and hence verified on this ____ of April, 2025.
PLAINTIFF
SUIT SCHEDULE PROPERTY
All that the Vacant Plot bearing No. 67, ad-measuring 500 Sq yards in Survey no. 44,
situated at Southern Mega Township, Ootpally Village, Shamshabad municipality,
Shamshabad Mandal, Ranga Reddy District, Telangana State, VLTN/Assessment No.
2119906412 and bounded by as under:-
North : Plot No.66
South : Plot No. 68
East : Plot No. 72
West : 33-0 Wide Road.
PLAINTIFF
