IN THE COURT OF THEHON’BLE PRINICIPAL JUNIOR CIVIL
JUDGE, MEDCHAL MALKAJGIRI DISTRICT,
AT: KUSHAIGUDA
O.S.No. of 2024
Between:
Neelam Shaw ,D/o Late Sunili Shaw,
aged 35 years, Occu: Private Employee,
R/o. H.no: 10-118, Near St Dukes school,
PVN Colony, Mirjalguda , Malakajgiri
..plaintiff
AND
1) Mhahapati Gupta , W/o Late Devendra Prasad Gupta, Aged
about 85 years, Occu: House wife, R/o.H.No.10-118,
Near St Dukes school,PVN Colony, Mirjalguda , Malakajgiri
2) Sri Prem Gupta , S/o Smt Mhapati Gupta, Aged About 45 years,
Occu: Private Employee R/o R/o.H.No.10-118,
Near St Dukes school,PVN Colony, Mirjalguda , Malakajgiri
3) Sri Pavan Gupta , S/o smt Mahapati Gupta, Aged About 40
years , Occupation : Private Employee R/o R/o.H.No.10-118,
Near St Dukes school, PVN Colony, Mirjalguda , Malakajgiri
….Defendants
PLAINT PRESENTED BY THE ABOVE NAMED PLAINTIFFS UNDER
ORDER VII RULE 1 READ WITH SECTION 26 OF CIVIL
PROCEDURE CODE
I. THE PLAINTIFF:
The address of plaintiff for the purpose of services of all notices etc., is
as stated above and care of her advocates Sri.B.Nachiketh Advocate,
Domalguda, Hyderabad TS/1755/2006.
II. THE DEFENDANTS ARE:
The address of the defendants for the purpose of service of all
notices and summons etc., is as stated above.
III.FAMILY HISTORY WITH DIAGRAM
L a te S ri D e v e n d ra P ra s a d
G u p ta
M a te rn a l G ra n d F a th e r o f
P la in t iff
D e fn d a n t n o 1
S m t M h a h a p a t i G u p t a w ife o f L a t e
S ri D e v e n d ra P ra s a d G u p ta
M a t e r n a l G r a n d M o t h e r o f P la in t if f
P re m G u p ta P a v a n G u p ta
L a t e S u n ili
1st Son 2nd Son Shaw
O n ly D a u g h t e r
b le s s e d w it h
T w o c h ild r e n
1 D a u g h te r
P la in t f f N e e la m
Shaw
and 1 Son
n a m e S r i N it is h
Shaw Age 33
y e a rs
(a) The Plaintiff respectfully submits that she is the Grand daughter of
defendant No.1. The defendant No.1 is the absolute owner of the
plaint scheduled property. The defendant no 1 blessed with two sons
by namely 1st son Sri Prem Gupta, 2nd Son Sri Pavan Gupta & 1
daughter Late Sunili Shaw W/o Sri Dilp kumar Shaw mother of
Plaintiff .
(b) The Plaintiffs father Sri Dilip Kumar Shaw married with late Sunili
shaw blessed with two children namely 1.Neelam Shaw(plaintiff) and
2.Nitish shaw aged 33 years.
IV FACTS ABOUT THE CASE
(1) The Plaintiff respectfully submits that the defendant No.1 is the
absolute owner of the plaint schedule property and it is her self-
acquired property within her lifetime.
(2) The Plaintiffs respectfully submit that she is looking after
Defendant no 1 who is mother in law with since 2007 i.e., 15 years
day to day livelihood expenses by doing private job feeding her and
maintaining the suit scheduled property till date paying Electricity bills,
water bills , Property Tax & other maintenance of house.
(3) The defendant No. 1 had promised to partition the plaint schedule
property among his 3 children viz. plaintiffs 1, and the defendant 2 &
3. However defendant 2 with an evil mind to snatch away the entire
property had devised a plan had administered sedatives on defendant
No 2 writing false WILL un registered Deed and snatch the property
transferring in his name.
(4) The Plaintiffs respectfully submit that the 2 nd defendant’s wife
Mrs Neeta Gupta is also behind this modus operandi. The defendant 2
and his wife had been emotionally torturing defendant 1 and made her
yield to their unjust demands.
(5) The defendant 1 is not in a mentally stable condition since
October 13 2017 at the time of her husband Late Devendra Prasad
Gupta died as such she is in old aged 80 years, On seeing unstable
condition of Defendant No 1 executed had signed the property
documents in favour of defendant 2 as he had been administered
sedatives by defendant 2 and his wife.
(6) The Plaintiffs respectfully submit in the year 2007 came from
Calcutta due to disturbance’s between mother and father came to
Hyderabad at Maternal Grandfather house with his due support.
(7) The Plaintiffs respectfully submit Plaintiff along with her mother
late Sri Sunili Shaw had been looking after my maternal grandparents.
(8) The Plaintiffs respectfully submit In the times distress of Plaintiff
mother when she had difference’s with plaintiff father on this situation
elder uncle Defendant No.2 never supported plaintiff and plaintiff
mother. Even Plaintiff mother had look for a job to look after
ourselves.
(9) The Plaintiffs respectfully submit The Elder Uncle Defendant No.2
expected to look after parents with no proper shelter outside both
plaintiff and her mother stayed with maternal grandfather house .
(10) The Plaintiffs respectfully submit In 2016 plaintiff and along with
her mother late Sunili shaw notwithstanding the pressure from
Defendant No2 and his wife to leave the house go away anywhere
hence we plaintiff & her mother late Sunili shaw left out to brother
house at Delhi
(11) The Plaintiffs respectfully submit after leaving to Delhi
grandparents calling & emotionally blackmailing to come over live with
them at Hyderabad .
(12) The Plaintiffs respectfully submit under these circumstances my
mother late Sunili shaw chose to stay with plaintiff brother but asked
plaintiff to go and stay with maternal grandparents at Hyderabad . By
listening to mother’s voice plaintiff came to Hyderabad in the year
2016 .
(13) The Plaintiff respectfully submit plaintiff got private job to look
after herself in Hyderabad in the year 2016 and that ever since my
maternal Grandfather Late Sri Devendra Prasad Gupta passed away on
2017 October 17.On hearing the death news defendant No.2 and his
wife are came to India, this is the second instance to came to India ,
First time when Maternal Grand father undergone bypass surgery to
look after them.
(14) The Plaintiff respectfully submit After passing away Maternal
Grand father defendant No 1 not stable in mental stage , taking this as
advantage defendant No. 2 along with his wife taking her & defendant
No 3 emotionally blackmailing they executed Unregistered WILL DEED
with states the “ After the death of Defendants No 1 the property
would be divided between Defendants No 2 and 3 and that Plaintiff
grandmother does not give nay right of the Suit scheduled property “.
This all was done when my maternal Grand mother Defendants No 1
was not in right mental status after the demise of defendant No 1
husband late Sri devendra Prasad Gupta .
After the executing this WILL DEED l they conveniently left to United
States of America after the performing last rights of Plaintiff maternal
Grandfather late Sri Devendra Prasad Gupta .
After going to USA both uncles are supported financially my maternal
Grandmother by sending by monthly Rs 10,000/-. After plaintiff
grandfather passed away there are frequent instances when plaintiff
maternal grandmother who is defendant No 1 fell sick , whenever she
fell sick plaintiff looked after her and faineances looked after
Defendant No 3.
Whenever Defendant No 1 fell sick she use to long to talk with
defendant no 2 but Defendant No 2 never spoke her.
(15) The Plaintiffs respectfully submit whenever required financially
the Defendants No 3 used to help but the Defendants No 2 revoked
that stating that he had looked after plaintiff maternal grandfather who
is no more now it was the turn to Defendant No 3 and it is the time to
look after defendant No 3. Defendant no 2 expressed the disinterest
about defendant No 1 when she fell ill.
(16) The Plaintiffs respectfully submit defendant No 3 and herself
looking after the grandmother Defendants No 1 till date & Defendants
no 2 doesn’t have interest to looking after defendant No 1and what
business defendant no 2 has in suit scheduled property ?.
(17) The Plaintiffs respectfully submit Defendant No.2 is trying to sell
off the property. Defendant No. 2 is not allowing the Plaintiffs and is
not willing to settle the dispute amicably. Hence this suit is filed for
partition of plaint schedule property and for various other reliefs. The
Plaintiffs will get 1/3 share of the property which duly belongs to Late
Sri Sunili Shaw as per Indian succession (Amendment )Act 2005.
CAUSE OF ACTION:
The cause of action for the suit arose on 24-december 2023
when the Defendant 2 refused to give share to plaintiff & Defendant 1
and has been making rigorous efforts to dispose off the plaint schedule
property for a lucrative profit. The plaint schedule property is in the
district of Malkajgiri (Mirjalguda) and is within the jurisdiction of this
Hon’ble Court and Plaintiff and Defendants No 1,2, and 3 are residing
in same house since several years on One roof .
JURISDICATION & DECLARATION :
The jurisdiction is same as the suit scheduled property is situated &
also clear that except this suit I have not filed any other case before
any other court .
Suit Schedule Properties are An Agricultural plot in the village of
Mirjalguda Malkajgiri Gram Panchyath Hyderabad Urban Taluk
Hyderabad Sub District in Survey No.722/1 Extent of land: 300
Sq.yards, Plot no 25 which falls within the territorial jurisdiction of
this Hon’ble Court, as such Hon’ble Court have Jurisdiction to
entertain the Suit.
DECELERATION:
The Plaintiff do hereby declare that except the present suit, she did
not file any other suit or applications against the Defendants herein for
similar reliefs in any other Court of Law, including Hon’ble High Court
of Telangana state.
COURT FEE &VALUATION
This being a suit for partition, a fixed court fee of Rs. 200 /- is paid U/s
34(2) of A.P.C.F. & S.V. Act.
VII PRAYER
The Plaintiff therefore most humbly pray this Honourable Court may
be pleased to pass a decree in favour of the plaintiff and against the
defendants 1 and 2
(a) For partition of the suit schedule property into 3 equal halves and
for allotment of one such equal share each to the i.e., 1/3 of share in
suit scheduled Property for plaintiffs and for separate possession;
(b) Grant permanent injunction restraining the Defendant from ever
alienating the plaint schedule property till the disposal of the suit;
(c) For ascertain profits from the date of the suit till the delivery of
such possession of plaint schedule property to the plaintiff;
(d) to award costs of the suit;
(d) For such other reliefs that this Hon’ble Court deems fit and proper
in the circumstances of the case.
ADVOCATE FOR THE PLAINTIFF PLAINTIFF
LIMITATION
The Present suit is filed within the limitation hence may be tried
SCHEDULE OF PROPERTY
Property situated at: An Agricultural plot in the village of Mirjalguda
Malkajgiri Gram Panchyath Hyderabad Urban Taluk Hyderabad Sub
District, Survey No.722/1, Extent of land: 300 Sq.yards, Plot no 25
Bounded by:
East : plot no 46
South : neighbor’s land ,
West : 20’ Road,
North : plot no 26
This land maintained in this document is not assigned land as defined
in the Ordinance No 2 of 1977
VERIFICATION
I, the above named Plaintiffs do hereby declare that the contents of
the above Plaint Paras are true and correct to the best of my
knowledge and belief. Hence verified the same on this the day of
December , 2023 at Hyderabad
Hyderabad
Date: -12-2024. PLAINTIFF
LIST OF DOCUMENTS
S.No. DATE DESCRIPTION OF DOCUMENTS
1 Property document No. 4717 OF 1978
2. Death Certificate of Plaintiff Mother
3. Market Value certificate
4. Aadaar Card of Neelam Shaw
Hyderabad
Date: -1-2024 Plaintiff
IN THE COURTOF THE
HON’BLE PRINCIPAL JUNIOR
CIVIL JUDGE,
MEDCHAL MALKAJGIRI
DISTRICT
AT KUSAHIGUDA
OS No. of 2024
Between:
Neelam Shaw
..Plaintiff
And
1 Smt Mhahapati Gupta
2. Sri Prem Gupta
3. Sri Pavan Gupta
…Defendants
SUIT FILED UNDER SECTION
26, ORDER-VII RULE-1 OF
C.P.C.
Filed on: -1-2024
Filed by: Counsel for Plaintiff
B.NACHIKETH
TS/1755/2006
Advocate
FLAT NO A-4, Beside Sri Ram
Chandra Mission, Domalguda ,
Hyderabad -29 , Cell 9703500856
FORM NO.7
LIST OF DOCUMENT (Rule 9,10 and 62)
(Under Order VII Rule 14 or Order XIII R.1 of CPC)
IN THE COURT OF THE HON’BLE PRINCIPAL JUNIOR CIVIL
JUDGE MEDCHAL MALKAJGIRI DISTRICT,
AT KUSAHIGUDA
O.S.No. of 2024
Between:
Neelam Shaw …Plaintiff
AND
1. Smt Mhahapati Gupta
2. Sri Prem Gupta
3. Sri Pavan Gupta
…Defendants
LIST OF DOCUMENTS FILED BY PLAINTIFF 12.02.2011
SL DATE PARTICULARS OF DOCUMENTS
No.
1. 28 August PROPERTY DOCUMENT NO. 4717 OF
1978 1978
AADAR CARD OF NEELAM SHAW
2. 02.03.2023 DEATH CERTIFICATE OF LATE
SUNILI SHAW
MARKET VALUE CERTIFICATE
3. MARKET VALUE CERTIFICATE
4. 12.02.2011 AADAR CARD OF NEELAM SHAW
Date : 01. 2024
Place: Hyderabad. COUNSEL FOR PLAINTIFF
THE HONOURABLE COURTOF
HON’BLE PRINCIPAL JUNIOR
CIVIL JUDGE,
MEDCHAL MALKAJGIRI
DISTRICT
AT KUSAHIGUDA
OS No. of 2024
Between:
Neelam Shaw
…Plaintiff
And
1 Smt Mhahapati Gupta
2. Sri Prem Gupta
3. Sri Pavan Gupta
…Defendants
List of Documents Filed by
plaintiff
Filed on: -1-2024
Filed by: Counsel for Plaintiff
B.NACHIKETH
Advocate
flat no a-4,
Raghavendra Krupa apartments
Beside Sri Ram Chandra Mission,
Domalguda , Hyderabad -29 ,
Cell 9703500856
