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BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND

JMFC. JUDGE, AT ANEKAL

O.S. NO. /2024

Between:

Smt.MALLAMMA
W/o late Rudrappa
Aged about 70 years
Residing at Muttagatti Village,
Kasaba Hobali, Anekal Taluk,
Bangalore district-562106 … Plaintiff

And :

1. Rajanna
S/o late Rudrappa
Aged about 62 years,
Residing at Muttagatti Village,
Kasaba Hobali,bestamanahalli post
Anekal Taluk,
Bangalore district-562106
2. Smt.Bhagyamma
W/o Rajanna,
Aged about 58 years,
Residing at Channenahagrahara,
Nagodapalli post, Dekanikote Taluk,
Krishnagiri district- 635107.
3. Smt.Shivamma
W/o Shivanna
Aged about 56 years,
Residing at Muttur village,
Muttur post Dekanikote Taluk,
Krishnagiri District- 635114.
4. R Basavaraju
S/o late Rudrappa
Aged about 50 years,
Residing at Muttagatti Village,
Kasaba Hobali, Bestmanahalli post
Anekal Taluk,
Bangalore district-562106.
5. R Manjunath
S/o late Rudrappa
Aged about 48 years,
Residing at Muttagatti Village,
Kasaba Hobali, Bestmanahalli post
Anekal Taluk,
Bangalore district-562106.
6. Nagarathna
W/o Veranna R
Aged about 46 years,
Residing at behind Ambeikar statue

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new Pete anekal,

Bangalore district-562106.

7. Renuka
W/o Vishwanath
Aged about 42 years,
Residing at kammasandra
Anekal taluk Bangalore -560100.

8. Somashekar
S/o late Rudrappa
Aged about 45 years,
Residing at Muttagatti Village,
Kasaba Hobali, Bestmanahalli post
Anekal Taluk,
Bangalore district-562106.
9. Smt. Sunadha.
W/o Prakash R
Aged about 38 years,
Residing at Ittagur road Sarjapura,
Bangalore district-562125. … Defendants

PLAINT UNDER ORDER 7 RULE 1 READ WITH

SECTION 26 OF CODE CIVIL PROCEDURE

The Plaintiffs above named most respectfully state as

follows:-

1. That the address of the plaintiffs are as stated in

the cause title and his address for the purpose of
service of court notices, processes, summons etc. of
this Hon’ble Court is that of their counsel is Ganesh &
Co., Advocates, Ganesh N and associates office @
no.14A, HMS Complex Behind Halsure Gate Traffic
Police Station Cubbonpet main Road Bangalore-02.

2. That the address of the defendant for the purpose

of service of court notices, processes, summons etc of
this Hon’ble Court is as stated in the cause title supra.

3. That the Plaintiffs and defendant are Hindus and

following Hindu Customs and traditions. The rights of
the plaintiffs are governed by Hindu Law. The

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Defendant No.1 to 9 are sons and daughters of the

plaintiff is the mother being old aged having some of
the joint family properties in her name for avoiding
future litigation the plaintiff invited the defendants to
get their respective shares in the scheduled properties
which the properties come through the plaintiffs
husband purchased some of the Properties and out of
the remaining scheduled properties are ancestral
properties which the properties was taken care when
the plaintiffs husband alive and the plaintiffs husband
Sri. Rudrappa was died without making any will now the
burden comes to the head of the family the only
plaintiff and there is no dispute opf the relationship of
plaintiff and Defendants which is admitted by the
plaintiff the defendant co- sharers of these properties.
The relationship between the parties is not in dispute.
The plaintiffs herewith produce a copy of the
Genealogical tree for better appreciation of the
relationship between the parties as Document No.1.
4. It is submitted that the plaintiff getting her age
daily as if now the plaintiff is 71 years old due to old
age she also facing many medical issues in the mean
time when she was in the alive the plaintiff intended to
share the scheduled properties among the plaintiffs and
Defendants for that the plaintiff trying to gather all the
Defendants among them some of the Defendants are
agreed for the partition and in some of the defendants
are not agreed and they always prolonging the dates
which is feeling bad to the plaintiff even in future the
Defendants may fight for the pieces of land to avoid the
future litigation the plaintiff issued legal notice dated on
15-12-2022 to all the Defendants for the kind peusal of

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this hon’ble court hearwith producing the copy of legal

notice and along with postal acknowledgments as
Documents no.2.
5. It is further submits that after that except the
Defendant no.1 reaming all defendants approached the
plaintiff and the defendants also try to make convey to
the Defendant no.1 but he is not even coming forward
to get his share nor not even leaving other defendants
to get there shares of the scheduled property as
allocated in village elders Panchayath.

6. As stated supra, in some of the schedule

properties mutation entries in the plaintiffs name in
some of the properties the plaintiff being a share holder
of the properties the plaintiff need to clear her head
burden though this partition for the kind perusal of this
hon’ble court herewith producing the RTC and Mutation
extracts of the scheduled lands as Document no. 2.

7. It is submitted that it has came to the knowledge

of plaintiff that defendant no1 and other defendants
are now trying to sell the aforesaid Schedule property
by manipulating and forging some false documents
illegally, dishonestly, fraudulently to get more financial
benefits.
8. That moreover, intended buyers of the property
are also visiting house and that too also raises a strong
apprehension that the defendant actually intends to sell
the entire ancestral property and run away somewhere.
9. That the defendant no.1 left the joint family 30
years ago now he is making his rights over the land as
who was taken care and did marriages for all daughters

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they are not asking as much share and even till the day
the Defendant no.1 was not made efforts to get any
crops is never took good care of Schedule Property and
now the Defendants trying dispose the property very
less price at extremely low rates and he is neither
allowing the plaintiffs to use the property for any
business purpose nor he is doing any development or
improvement in the said property to other defendants.
10. That of the schedule properties the defendant no.1
has never taken any care either fencing or any other
maintenance.
11. Admittedly, the schedule property is in joint
possession of the plaintiffs and defendants herein and
also of other ancestral property mentioned above, the
defendant is the absolute owner and there is no
partition amongst the family members.
12. In view of keeping the relationship cordial the
plaintiffs never demanded for partition and separate
possession of the schedule property. Unfortunately, the
defendant is taking undue advantage of the ancestral
property devolved to our family and since decades
laying exclusive claim over the schedule property. That
even a single penny from the earning of ancestral
property,.
13. That noticing the said fact the plaintiffs
requested the defendant for partitioning the schedule
property by metes and bounds. Initially the defendant
no.1 was assuring the plaintiff that their claim/share in
the schedule property would be settled shortly. Under
the said pretext the defendant went on postponing the
same on one or the other pretext. As the schedule
property are in enjoyment of the defendant herein, the

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plaintiffs agreed to accommodate time sought by the

defendant for partitioning the schedule properties.
14. In the meanwhile, the plaintiffs came to know that
the defendant is negotiating with third party/s to
alienate the schedule property. On coming to know the
said fact the plaintiffs contacted the defendant and
demanded for their legitimate share in the schedule
property. Admittedly, it is not the exclusive property
self acquired by the defendant through his own
earnings alone but it is the property acquired by the
plaintiffs and defendant inheritance. Unfortunately,
the defendant no.1 taking undue advantage of the
devolution/conveyance of property in his favour and
also the confidence reposed on him by the plaintiffs
herein claiming exclusive right over the schedule
property. The conduct of the defendant no.1 is hostile
to the interest of the plaintiff over the schedule
property. The defendant is not only claiming exclusive
right over the schedule property but also denying the
legitimate share of the plaintiffs in the schedule
property. Further, the defendant turned down the
request of the plaintiffs for partition and separate
possession of their respective shares in the schedule
property. The plaintiffs once again contacted and
requested the defendant for partitioning the schedule
property in the month of JAN first week of 2024 but the
same came to be turned down by the defendants
herein.
15. Admittedly, it is not open for the defendant to
post-pone or protracts the request of the plaintiffs. The
documents also speak that the schedule property came
to be acquired jointly by the plaintiffs and defendant by

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their right under inheritance law and contributing

Plaintiff own earnings as a elder son he spent for
litigation expenses and other expenses too. This it
suffice to show that the entitlement of the plaintiffs in
the schedule property is not in dispute. Infact several
negotiations also took place between the plaintiffs and
defendant herein. So also, the well-wishers of the
parties also intervened for amicable settlement. But the
defendants went on taking time on one pretext or the
other. The conduct on part of the defendant clearly
shows that the sole intention of the defendant is to only
to alienate the property illegally and to gain wrongfully.
16. Absolutely there is no impediment for the
defendant for settling the claim of the plaintiff and
other defendants in the schedule property. The sole
intention of the defendant is to deprive the legitimate
claim/share of the plaintiff and other defendants in the
schedule properties. All efforts made by the plaintiff are
proved futile. Since the schedule properties is the joint
property acquired jointly by the plaintiffs and
defendants the plaintiffs are entitled for share in the
schedule property. The share of the plaintiffs in the
schedule property is joint and several. Contrary to this,
the defendant is denying/disputing the share of the
plaintiffs in the schedule property. All efforts made by
the plaintiffs to get their legitimate share in the
schedule property are proved futile.
17. In the meanwhile, the defendant no 1 is
negotiating with third party/s to sell the schedule
property. The defendant is not entitled to alienate the
schedule property excluding the plaintiff as the same is
ancestral property of the plaintiff and defendant herein.

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As already stated supra, there is no partition of the

schedule property in the family. When once the
schedule property is not partitioned the defendant is
not entitled to deal the schedule property with any third
party/s. Inspite of it, the defendants are negotiating
with third party/s only to deprive the right of the
plaintiffs in the schedule property. The sole intention of
the defendant is to deprive the share of the plaintiffs in
the schedule property. In this regard, the defendant has
contacted several estate agents and they have visited
the spot from December 2023 onwards. In order to
avoid multiplicity of proceedings and to keep the
property intact the plaintiff are seeking an order of
injunction against the defendant from alienating the
schedule property in favour of third party/s.
18. That the cause of action for the above suit arose
on first week of December 2023, when the third parties
visiting the land for purchasing and on all subsequent
dates and the same is within the jurisdiction of this
Hon’ble court.
19. A fixed court fee is paid as per the Karnataka
Court Fee and Suit Valuation Act. A separate valuation
slip is annexed along with this plaint.
20. Plaintiffs have not filed any other suit either before
this Hon’ble Court or any other court/s for the same
cause of action.

PRAYER

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Wherefore, it is prayed that this Hon’ble Court be

pleased to pass judgment and decree:
a. For partition and separate possession of the
schedule property by metes and bounds and to
allot there legitimate share to the plaintiff and
defendants in the schedule properties;
b. For permanent injunction restraining the
defendant or his agents, servants, administrators,
henchmen or any other persons claiming under or
through him from alienating the schedule property
;
e. Grant Cost of this suit;
f. Grant such other relief/s as this court deems fit
under the circumstances of the case.

SCHEDULE PROEPERTY
Item no.1
The property bearing property bearing Sy no.55
situated at, Submangala Village anekal kasaba hobli
measuring 4.13 guntas and bounded on the:

East by: marappa and Muniyappa’s property

West by: Sy no.54/2, 54/A,54/3B, Mallamma’s
property
North by: Property of Kalegowda.
South by : Property of ST Muniyappa.

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Item no.2
The property bearing property bearing Sy no.54/2
situated at Submangala Village anekal kasaba hobli
measuring 1.06 guntas and bounded on the:
East by: Property of MALLAMMA
West by: Property of SARALACHARI,
North by: Property of KALEGOWDA.
South by : Property of MALLAMMA.

Item no.3
The property bearing property bearing Sy no.54/3A
situated at Submangala Village anekal kasaba hobli,
measuring 0.14 guntas and bounded on the:
East by: Sy.no.55 mallamma’s property
West by: Rajakaluve,
North by: Sy no.54/2 Mallamma’s property
and Sarakalachari
South by : Sy no.54/3B property

Item no.4
The property bearing property bearing Sy no.54/3A
situated at Submangala Village anekal kasaba hobli,
measuring 0.21 and bounded on the:
East by: Property of Sy no.55
West by: Rajakaluve,
North by: Sy no.54/3A,
South by : Rajakaluve.

Item no. 5

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The property bearing property bearing Sy no.34/2

situated at Mutkatti village anekal Kasaba Hobli,
measuring 2.09 guntas and bounded on the:
East by: Property of Madava Reddy
West by: Property of Muni Ready,
North by: Property of najundappa’s property
and sy no.34/1.
South by : Property of Rajappa.

ANANDA N
Advocate for plaintiff Plaintiff

VERIFICATION

I MALLAMMA, the plaintiff herein do hereby state that

what is stated above is true and correct.

Anekal
Date : Plaintiff

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BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND

JMFC. JUDGE, AT ANEKAL

O.S. NO. /2024

Between:
Smt.MALLAMMA …
Plaintiff

And :
Rajanna and others … Defendants

AFFIDAVIT VERIFYING THE PLAINT

I,.MALLAMMA W/o late Rudrappa Aged about 70 years

Residing at Muttagatti Village, Kasaba Hobali, Anekal Taluk,

Bangalore district-562106, do hereby solemnly affirm and

state on oath as follows:

1. I am the plaintiff in the above suit and am fully

conversant with the facts of the case. Hence, I am
swearing to the contents of this affidavit.

2. I submit that what is stated in para 1 to 20 of the

accompanying plaint are true and correct.

3. I submit that the documents annexed to the plaint

are the true/certified copies of the originals.

Identified by me,

Advocate Deponent

Bangalore
Date : No of corrections :

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BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND

JMFC. JUDGE, AT ANEKAL

O.S. NO. /2024

Between:
Smt.MALLAMMA …
Plaintiff

And :

Rajanna and others … Defendants

VALUATION SLIP
Serial No. Nature of the suit Method adopted to Valuation
of the schedule arrive at the arrived at
Property in property valuation
Plaint
Schedule
1
Schedule(4 The suit is filed The property Rs.200.0
) valuation is more 0
for partition and than Rs.5,00,000/-
hence for the sake
separate position.
of court jurisdiction
The court fee is valuation is arisen.

paid U/s).35(2)
Total in Rs. 200/-*
And for injunction

Sec 26 of

Karnataka court

fees and suit Rs.200.0

0
valuation act-

1958

Place: Anekal ANANDA N

Date: Advocate for Plaintiff

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BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND

JMFC. JUDGE, AT ANEKAL

O.S. NO. /2024

Between:
Smt.MALLAMMA …
Plaintiff

And :
Rajanna and others … Defendants

LIST OF DOCUMENTS
Sl.
No. DESCRIPTION PAGES
01 Document No.1: The copy of the
Genealogical tree.
02 Document No.2: That the RTC for the
Schedule Properties collectively.
03 Document No. 3: sale deeds of the
respective properties.
04 Document No. 4: legal notice issued by
the plaintiff to the defendants
05 Document No.5: postal
acknowledgements.

PLACE : Anekal [Ananda N]

DATED: …ADVOCATE FOR PLAINTIFF

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BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND

JMFC. JUDGE, AT ANEKAL

O.S. NO. /2024

Between:
Smt.MALLAMMA …
Plaintiff

And :

Rajanna and others … Defendants

APPLICATION UNDER ORDER VI RULE 14 (A) C.P.C

The plaintiff herein submits that the parties in the
above suit are residing in the addresses as shown in the
cause title of the plaint. The address for the service of
court notices and summons are as shown in the cause
title of the plaint. The parties are residing in the
aforesaid addresses and this Hon'ble Court may be
pleased to issue summons and notices to the parties to
the aforesaid addresses.

VERIFICATION

I MALLAMMA the plaintiff herein do hereby state that

what is stated above is true and correct.

Date :
Plaintiff
Places : Anekal

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BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND

JMFC. JUDGE, AT ANEKAL

O.S. NO. /2024

Between:
Smt.MALLAMMA …
Plaintiff
And :
Rajanna and others … Defendants
IA no.1/2024
Between:
Smt.MALLAMMA …
Plaintiff

And :
Rajanna and others … Defendants

APPLICATION UNDER ORDER 39 RULE 1 AND 2

READ WITH SECTION 151 OF CPC
For the reasons set out in the annexed affidavit it is
prayed that this Hon’ble Court be pleased to grant an
order of ad-interim ex-parte temporary injunction
restraining the defendants herein or their henchmen,
agents, servants, administrators or any persons
claiming under or through him from alienating the suit
schedule property in favour of third party/s pending
disposal of the above suit, in the interest of justice and
equity.
SCHEDULE PROEPERTY
Item no.1
The property bearing property bearing Sy no.55
situated at, Submangala Village anekal kasaba hobli
measuring 4.13 guntas and bounded on the:

East by: marappa and Muniyappa’s property

West by: Sy no.54/2, 54/A,54/3B, Mallamma’s
property

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North by: Property of Kalegowda.

South by : Property of ST Muniyappa.

Item no.2
The property bearing property bearing Sy no.54/2
situated at Submangala Village anekal kasaba hobli
measuring 1.06 guntas and bounded on the:
East by: Property of MALLAMMA
West by: Property of SARALACHARI,
North by: Property of KALEGOWDA.
South by : Property of MALLAMMA.
Item no.3
The property bearing property bearing Sy no.54/3A
situated at Submangala Village anekal kasaba hobli,
measuring 0.14 guntas and bounded on the:
East by: Sy.no.55 mallamma’s property
West by: Rajakaluve,
North by: Sy no.54/2 Mallamma’s property
and Sarakalachari
South by : Sy no.54/3B property

Item no.4
The property bearing property bearing Sy no.54/3A
situated at Submangala Village anekal kasaba hobli,
measuring 0.21 and bounded on the:
East by: Property of Sy no.55
West by: Rajakaluve,
North by: Sy no.54/3A,
South by : Rajakaluve.

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Item no. 5
The property bearing property bearing Sy no.34/2
situated at Mutkatti village anekal Kasaba Hobli,
measuring 2.09 guntas and bounded on the:

East by: Property of Madava Reddy

West by: Property of Muni Ready,
North by: Property of najundappa’s property
and sy no.34/1.
South by : Property of Rajappa.

Anekal Ananda N
Date : Advocate for plaintiff

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BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND

JMFC. JUDGE, AT ANEKAL

O.S. NO. /2024

Between:
Smt.MALLAMMA …
Plaintiff

And :

Rajanna and others … Defendants

AFFIDAVIT

I,.MALLAMMA W/o late Rudrappa Aged about 70 years Residing

at Muttagatti Village, Kasaba Hobali, Anekal Taluk, Bangalore

district-562106, do hereby solemnly affirm and state on

oath as follows:

1. I am the plaintiff in the above suit and am fully

conversant with the facts of the case. Hence, I am
swearing to the contents of this affidavit.
2. I have filed the above suit for partition and
separate possession of our share in the schedule
property. I have also sought for permanent injunction
restraining the defendant from alienating the schedule
property. The averments made in the plaint may be
read as part and parcel of this affidavit to avoid
repetition.
3. I submit that, the Defendant no.1 trying disposing
the some of the scheduled properties with agreeing the
Panchayth partition.
4. I submitted that, I am the mother of Defendants
and as if now all the revenue records is crystal clear

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from the above produced documents even the me and

all the Defendants having rights over the property.
5. I submitted that it has came to the knowledge of
main that defendant no1 and other defendants are now
trying to sell the aforesaid Schedule property by
manipulating and forging some false documents
illegally, dishonestly, fraudulently and in gross violation.
6. That moreover, intended buyers of the property
are also visiting house and that too also raises a strong
apprehension that the defendant actually intends to sell
the entire ancestral property and run away somewhere.
7. Admittedly, the schedule property is in joint
possession of the me and defendants herein and also of
other ancestral property mentioned above, the
defendant is the absolute owner and there is no
partition amongst the family members.
8. In view of keeping the relationship cordial we
never demanded for partition and separate possession
of the schedule property. Unfortunately, the defendant
is taking undue advantage of the ancestral property
devolved to our family and since decades laying
exclusive claim over the schedule property. That even a
single penny from the earning of ancestral property,
9. Admittedly, it is not open for the defendant to
post-pone or protracts the request. The conduct on
part of the defendant clearly shows that the sole
intention of the defendant is to only to alienate the
property illegally and to gain wrongfully.
10. Absolutely there is no impediment for the
defendant for settling our claim in the schedule
property. The conduct on the part of the defendant
clearly shows that the defendant has no inclination to

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partition the schedule property. The sole intention of

the defendant is to deprive our legitimate claim/share
in the schedule property. I made All efforts to proved
futile. Since the schedule property is the joint property
acquired jointly by me and defendants are entitled for
share in the schedule property. Our share in the
schedule property is joint and several. Contrary to this,
the defendant is denying/disputing our share in the
schedule property. All efforts made to get our
legitimate share in the schedule property are proved
futile.
11. In the meanwhile, the defendant is negotiating
with third party/s to sell the schedule property. The
defendant is not entitled to alienate the schedule
property excluding the plaintiffs as the same is joint
property of the plaintiffs and defendant herein. As
already stated supra, there is no partition of the
schedule property in the family. When once the
schedule property are not partitioned the defendant is
not entitled to deal the schedule property with any
third party/s. Inspite of it, the defendant is negotiating
with third party/s only to deprive the right of the
plaintiffs in the schedule property.
12. I submit that the sole intention of the defendant
no.1 is to deprive the share of the plaintiffs in the
schedule property. In this regard, the defendant has
contacted several estate agents and they have visited
the spot from December 2023 onwards. I apprehend
that the defendants may conclude the transaction and
alienate the schedule property at any moment. In order
to avoid multiplicity of proceedings and to keep the
property intact it is just and necessary to restrain the

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defendants from alienating the schedule property

pending disposal of the above suit by an order of
granting an order of ad-interim ex-parte temporary
injunction. As such, I am filing this application.
13. If the annexed application is not allowed I will be
put to irreparable loss and hardship. No harm or
prejudice will be caused to the other side if the annexed
application is allowed.

Wherefore, it is prayed that this Hon’ble Court be

pleased to allow the annexed application as prayed for
in the interest of justice and equity.

Identified by me,

Advocate Deponent
VERIFICATION
I MALLAMMA the plaintiff herein do hereby state that
what is stated above is true and correct.

Bangalore
Date : Deponent

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BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND

JMFC. JUDGE, AT ANEKAL

O.S. NO. /2024

Between:
Smt.MALLAMMA …
Plaintiff

And :

Rajanna and others … Defendants

INDEX

Sl.
No. DESCRIPTION PAGES
01 Memorandum of Plaint
02 Verifying Affidavit
03 Valuation Slip
04 List of Documents
05 Application U/O VI R-14(a) of C.P.C.
06 Vakalath
07 Application U/O 39 R-1 & 2 of C.P.C. along
with the affidavit.
08 Process and second set

PLACE : Anekal [ANANDA N]

DATED: …ADVOCATE FOR PLAINTIFF

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