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IN THE COURT OF SENIOR CIVIL JUDGE AND
JMFC, AT ANEKAL
O.S.No._______/2023
BETWEEN
1) SMT.PAPAMMA,
W/o Late Bajjappa,
Aged about 70 years,
2) SMT.RAMAKKA,
D/o Late Bajjappa,
W/o Late Muniyappa,
Aged about 55 years,
R/at Balagaranahalli Village,
Attibele Hobli,
Anekal Taluk,
Bengaluru District.
3) SMT.NAGARATHNA,
D/o Late Bajjappa,
W/o Chandrappa,
Aged about 47 years,
Plaintiffs No.1 and 3
are R/at Kempudommasandra Village,
Menasiganahalli Dhakale,
Vanakanahalli Post,
Kasaba Hobli,
Anekal Taluk,
Bengaluru District. ……..
PLAINTIFFS
AND
1) SRI.VENKATASWAMY,
S/o Late Bajjappa,
Aged about 53 years,
R/at Kempudommasandra Village,
Menasiganahalli Dhakale,
Vanakanahalli Post,
Kasaba Hobli,
Anekal Taluk,
Bengaluru District.
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2) SRI.MUNIKRISHNAPPA,
S/o Late Bajjappa,
aged about 50 years,
Defendants No.1 and 2
are R/at Kempudommasandra Village,
Menasiganahalli Dhakale,
Vanakanahalli Post,
Kasaba Hobli,
Anekal Taluk,
Bengaluru District. …….. DEFENDANTS
PLAINT UNDER ORDER 7 RULE 1 OF THE
CODE OF CIVIL PROCEDURE
The plaintiffs above named begs to state as
follows:-
1. That the addresses of the plaintiff for the
purpose of Services of court notices, summons,
processes etc., from this Hon’ble court is as
given in the cause title. The plaintiff may also be
served through his advocate SRI.H.SRINIVAS,
Advocate, Yellappa Building, Attibele Road,
Newpet, Anekal Town, Bangalore District.
2. That the address of the defendants for the
similar purpose is as given in the cause title
supra.
3. The plaintiffs respectfully submit that one
Sri.Bajjappa is the husband of the Plaintiff No.1
and father of the Plaintiffs No.2, Plaintiff No.3
and Defendants No.1 and 2. The above said
Sri.Bajjappa is no more now. In order to prove
the relationship between the plaintiff and
Defendants the plaintiffs are herewith producing
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the Genealogical tree by way of affidavit for the
kind perusal of this Hon’ble court and marked as
Document No.1. All the Plaintiffs and
Defendants are constituted a Hindu undivided
joint family members and till today there is no
partition effected between the Plaintiffs and
Defendants.
4. The plaintiffs further submit that the property
bearing Old Sy.No.145, New Sy.No.145/1
measuring 1 acre situated at Menasiganahalli
Village, Kasaba Hobli, Anekal Taluk, Bangalore
District, which is more fully described here under
the schedule and herein after referred to as
"SUIT SCHEDULE PROPERTY".
5. The Plaintiffs further submit that originally the
suit schedule property is the Government
Gomala land. In fact the Tahsildar, Anekal Taluk,
Anekal granted the suit schedule property in
favour of above said Sri.Bajjappa vide
No.ALNDSR.30/77-78, dated:4/9/1978. In order to
prove the same the Plaintiffs are herewith
producing the Certified copy of the Grant
Certificate for the kind perusal of this Hon’ble
court and marked as Document No.2. On the
basis of the grant, the Mutation also effected in
the name of Sri.Bajjappa vide M.R.No.17/1983-84
and RTC also transferred in his name. The
Plaintiffs are herewith producing the Mutation
and RTC Extracts for the kind perusal of this
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Hon’ble court and marked as Document No.3
to 7.
6. The Plaintiffs further submit that subsequently
the property bearing Sy.No.145 has been phoded
and ascertained as New Sy.No.145/1 measuring
1 acre in the name of Sri.Bajjappa vide
M.R.No.17/2015-16 and RTC also transferred in
the name of Sri.Bajjappa. In order to prove the
same the Plaintiffs are herewith producing the
Mutation Extracts and RTC Extracts for the kind
perusal of this Hon’ble court and marked as
Document No.8 to 17.
7. The Plaintiffs further submit that during the
lifetime of Sri.Bajjappa he was in peaceful
possession and enjoyment of the suit schedule
property. After death of Sri.Bajjappa, all the
Plaintiffs and Defendants are in joint peaceful
possession and enjoyment of the suit schedule
property. As such the suit schedule property is
the joint and ancestral property of the Plaintiffs
and Defendants. As such the Plaintiffs have also
got their definite share in the suit schedule
property.
8. The Plaintiffs further submit that when such
being the facts and circumstances after death of
Sri.Bajappa, the Defendant No.1 namely
Sri.Venkataswamy who being the elder male
member of the family acted as a kartha of the
joint family by managing the joint family affairs.
Recently the Defendant No.1 turned hostile to
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the interest of joint family affairs. As such the
Plaintiffs have demanded the Defendant No.1 to
effect partition and allot the legitimate share of
the Plaintiffs in respect of the suit schedule
property, but the Defendant No.1 refused to
effect partition and allot the legitimate share of
the Plaintiffs. As such that on 1/7/2023 the
Plaintiffs have arranged the panchayath in the
village and demanded the Defendants to effect
partition and allot their legitimate 1/3 rd each
share in the suit schedule property, by that time
the Defendants No.1 and 2 colluded with each
other and refused to effect partition and allot the
legitimate share of the Plaintiffs in respect of the
suit schedule property. The Defendants No.1 and
2 are openly expressed that they are going to
alienate the suit schedule property in favour of
some third persons. If the Defendants No.1 and 2
are succeeded to alienate the suit schedule
property, the right of the Plaintiffs will be
defeated. As such the Plaintiffs have obtained all
the revenue documents from the Office of the
Tahsildar, Anekal Taluk, Anekal. Hence the
Plaintiff has no other alternative remedy except
approaching this Hon’ble court for the relief of
partition and separate possession and for
consequential permanent injunction and for
other reliefs. Hence this suit.
9. The cause of action for the suit arose on when
the plaintiffs demanded the defendant No.1 to
effect partition and allot the legitimate share of
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the plaintiffs in respect of the suit schedule
property and when the plaintiffs have arranged
the panchayath in the village on 1/7/2023 and
demanded to effect partition and allot the
legitimate share of the plaintiffs and when the
defendants No.1 and 2 refused to effect partition
and allot the legitimate share of the plaintiffs and
when the defendants No.1 and 2 openly
expressed that they are going to alienate the suit
schedule property in favour of some third
persons and subsequently well within the
Jurisdiction of this Hon’ble Court.
10. The value of the suit for the purpose of court
fee and jurisdiction, the suit is valued under the
separate valuation act and the court fee paid on
the plaint.
11. The plaintiffs have not filed any other suit
against the defendants on the same cause of
action before any competent court of law.
Wherefore, the above named plaintiffs
humbly pray that this Hon’ble court may be
pleased to pass a Judgement and Decree against
the defendants for:-
a) For partition and separate allotment of 1/3 rd
share each to the Plaintiffs in the schedule
property with metes and bounds.
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b) For consequential relief of permanent
injunction restraining the Defendants No.1 and 2
or their GPA holders or their henchmen or their
agents or anybody acting on their behalf of from
alienating the suit schedule property in favour of
any third persons in any manner.
c) To award the cost of the suit.
d) and to grant such other relief or reliefs as this
Hon’ble Court deems fit in the circumstances in
the interest of justice and equity.
SCHEDULE
All the part and parcel of the property bearing
Old Sy.No.145, New Sy.No.145/1 measuring 1
acre situated at Menasiganahalli Village, Kasaba
Hobli, Anekal Taluk, Bangalore District, bounded
on:-
East by:- Kanamanahalli Gadi.
West by:- Remaining property in Sy.No.170.
North by:-Property belong to Uruku Muniyappa in
Sy.No.145.
South by:- Property belong to Muniyappa
1.
2.
3.
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Advocate for plaintiffs Plaintiffs.
VERIFICATION
We, the above named plaintiffs do hereby
declare that what is stated above is true and
correct to the best of our knowledge, information
and beliefs.
1.
2.
3.
Anekal Plaintiffs.
Date:
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IN THE COURT OF SENIOR CIVIL JUDGE AND
JMFC, AT ANEKAL
O.S.No._______/2023
BETWEEN
SMT.PAPAMMA & OTHERS ……..
PLAINTIFFS
AND
SRI.VENKATASWAMY & another
.….. DEFENDANTS
UNDER ORDER 6 RULE 14(a) OF THE CODE
OF CIVIL PROCEDURE.
The plaintiffs above named submit their present
address as follows:-
Registered the Present Address is as
follows:-
1) SMT.PAPAMMA,
W/o Late Bajjappa,
Aged about 70 years,
2) SMT.RAMAKKA,
D/o Late Bajjappa,
W/o Late Muniyappa,
Aged about 55 years,
R/at Balagaranahalli Village,
Attibele Hobli,
Anekal Taluk,
Bengaluru District.
3) SMT.NAGARATHNA,
D/o Late Bajjappa,
W/o Chandrappa,
Aged about 47 years,
Plaintiffs No.1 and 3
are R/at Kempudommasandra Village,
Menasiganahalli Dhakale,
Vanakanahalli Post,
Kasaba Hobli,
Anekal Taluk,
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Bengaluru District.
1.
2.
3.
Advocate for plaintiffs Plaintiffs.
VERIFICATION
We, the above named plaintiffs do hereby
declare that what is stated above is true and
correct to the best of our knowledge, information
and beliefs.
1.
2.
3.
Anekal Plaintiffs.
Date:
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IN THE COURT OF SENIOR CIVIL JUDGE AND
JMFC, AT ANEKAL
O.S.No._______/2023
BETWEEN
SMT.PAPAMMA & OTHERS ……..
PLAINTIFFS
AND
SRI.VENKATASWAMY & another
.….. DEFENDANTS
PLAINT VERIFYING AFFIDAVIT
I, SMT.NAGARATHNA, D/o Late Bajjappa,
W/o Chandrappa, Aged about 47 years, R/at
Kempudommasandra Village, Menasiganahalli
Dhakale, Vanakanahalli Post, Kasaba Hobli,
Anekal Taluk, Bengaluru District, do hereby state
on oath as follows:-
1. I submit that I am the plaintiff No.3 in the
above case. Hence I know the facts and
circumstances of the case. I have filed the
present suit against the defendants for the relief
of Partition and for separate possession and for
permanent Injunction and for other reliefs and I
verified the contents of this affidavit, and found
that it is true and correct to the best of my
knowledge, and then I have filed the suit against
the defendant.
I, the deponent do hereby declare that what
is stated above is true and correct.
Identified by me. Deponent.
Advocate. Sworn to before me.
Anekal.
Date:
No.of.Corrections.
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IN THE COURT OF SENIOR CIVIL JUDGE AND
JMFC, AT ANEKAL
O.S.No._______/2023
BETWEEN
SMT.PAPAMMA & OTHERS ……..
PLAINTIFFS
AND
SRI.VENKATASWAMY & another
.….. DEFENDANTS
I.A.No._____/2023
BETWEEN
Nagarathna…….. PLAINTIFF
No.3…..APPLICANT
AND
1) SRI.VENKATASWAMY,
S/o Late Bajjappa,
Aged about 53 years,
R/at Kempudommasandra Village,
Menasiganahalli Dhakale,
Vanakanahalli Post,
Kasaba Hobli,
Anekal Taluk,
Bengaluru District.
2) SRI.MUNIKRISHNAPPA,
S/o Late Bajjappa,
aged about 50 years,
Defendants No.1 and 2
are R/at Kempudommasandra Village,
Menasiganahalli Dhakale,
Vanakanahalli Post,
Kasaba Hobli,
Anekal Taluk,
Bengaluru District.
…….DEFENDANTS…..RESPONDENTS
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APPLICATION UNDER ORDER 39 RULE 1 AND
2 READ WITH SECTION 151 OF CIVIL
PROCEDURE CODE:-
The plaintiff No.3 above named begs to state as
follows:-
That for the reasons sworn in the accompanying
affidavit the above named plaintiffs prays that
this Hon’ble court may be pleased to pass an
order of Temporary injunction restraining the
Defendants or their agents or their GPA holders
or their legal heirs or anybody acting on their
behalf of from alienating the suit schedule
property pending disposal of the above suit in
the interest of justice and equity.
Since the matter is very urgent an exparte
order of temporary injunction may be granted.
SCHEDULE
All the part and parcel of the property bearing
Old Sy.No.145, New Sy.No.145/1 measuring 1
acre situated at Menasiganahalli Village, Kasaba
Hobli, Anekal Taluk, Bangalore District, bounded
on:-
East by:- Kanamanahalli Gadi.
West by:- Remaining property in Sy.No.170.
North by:-Property belong to Uruku Muniyappa in
Sy.No.145.
South by:- Property belong to Muniyappa
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Anekal. Advocate for
plaintiffs.
Date:
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IN THE COURT OF SENIOR CIVIL JUDGE AND
JMFC, AT ANEKAL
O.S.No._______/2023
BETWEEN
SMT.PAPAMMA & OTHERS ……..
PLAINTIFFS
AND
SRI.VENKATASWAMY & another
.….. DEFENDANTS
AFFIDAVIT
I, SMT.NAGARATHNA, D/o Late Bajjappa,
W/o Chandrappa, Aged about 47 years, R/at
Kempudommasandra Village, Menasiganahalli
Dhakale, Vanakanahalli Post, Kasaba Hobli,
Anekal Taluk, Bengaluru District, do hereby state
on oath as follows:-
1. I submit that I am the plaintiff No.3 in the
above case. Hence I know the facts and
circumstances of the case. I have filed the
present suit against the defendants for the relief
of Partition and for separate possession and for
permanent Injunction and for other reliefs.
2. I submit that one Sri.Bajjappa is my father and
the husband of the Plaintiff No.1 and father of
the Plaintiffs No.2, and Defendants No.1 and 2.
The above said Sri.Bajjappa is no more now.
Myself and Defendants are constituted a Hindu
undivided joint family members and till today
there is no partition effected between myself and
Defendants.
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No.of.Corrections.
3. I submit that the property bearing Old
Sy.No.145, New Sy.No.145/1 measuring 1 acre
situated at Menasiganahalli Village, Kasaba
Hobli, Anekal Taluk, Bengaluru District.
4. I submit that originally the suit schedule
property is the Government Gomala land. In fact
the Tahsildar, Anekal Taluk, Anekal granted the
suit schedule property in favour of above said
Sri.Bajjappa vide No.ALNDSR.30/77-78,
dated:4/9/1978. On the basis of the grant, the
Mutation also effected in the name of
Sri.Bajjappa vide M.R.No.17/1983-84 and RTC
also transferred in his name.
5. I submit that subsequently the property
bearing Sy.No.145 has been phoded and
ascertained as New Sy.No.145/1 measuring 1
acre in the name of Sri.Bajjappa vide
M.R.No.17/2015-16 and RTC also transferred in
the name of Sri.Bajjappa.
6. I submit that during the lifetime of Sri.Bajjappa
he was in peaceful possession and enjoyment of
the suit schedule property. After death of
Sri.Bajjappa, myself and Defendants are in joint
peaceful possession and enjoyment of the suit
schedule property. As such the suit schedule
property is the joint and ancestral property of
myself and Defendants. As such myself and
other have also got their definite share in the
suit schedule property.
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No.of.Corrections.
7. I submit that when such being the facts and
circumstances after death of Sri.Bajappa, the
Defendant No.1 namely Sri.Venkataswamy who
being the elder male member of the family acted
as a kartha of the joint family by managing the
joint family affairs. Recently the Defendant No.1
turned hostile to the interest of joint family
affairs. As such myself and other Plaintiffs have
demanded the Defendant No.1 to effect partition
and allot the legitimate share of myself and
other Plaintiffs in respect of the suit schedule
property, but the Defendant No.1 refused to
effect partition and allot our legitimate share. As
such that on 1/7/2023 myself and other Plaintiffs
have arranged the panchayath in the village and
demanded the Defendants to effect partition and
allot their legitimate 1/3rd each share in the suit
schedule property, by that time the Defendants
No.1 and 2 colluded with each other and refused
to effect partition and allot our legitimate share
of in respect of the suit schedule property. The
Defendants No.1 and 2 are openly expressed
that they are going to alienate the suit schedule
property in favour of some third persons. If the
Defendants No.1 and 2 are succeeded to alienate
the suit schedule property, our right will be
defeated. As such I have obtained all the
revenue documents from the Office of the
Tahsildar, Anekal Taluk, Anekal.
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No.of.Corrections.
8. I submit that I have made out prima facie
case, balance of convenience lies in my favour. If
the temporary injunction is not granted we will
be put to irreparable loss and injury and
hardship. On the other hand the defendants will
not put any injury, loss and hardship.
Wherefore, I prays that this Hon’ble court may
be pleased to pass an order of Temporary
injunction as prayed for in the annexed
application in the interest of justice and equity.
Identified by me. Deponent
Advocate. Sworn to before me
Anekal.
Date:
No.of.Corrections.
