1

AMENDED PLAINT
IN THE COURT OF THE HON’BLE SENIOR CIVIL JUDGE, AT
MALUR
O.S. NO.536/11
BETWEEN :
1. SMT. RAJAMMA
W/o Rajashekar,
Aged about 38 years,
R/o Anchemuskur Village,
Lakkur Hobli, Malur Taluk.

2. SUNANDAMMA
D/o Basavaraj,
Aged about 35 years,
R/o House No.87,
Anchemuskur Village,
Lakkur Hobli, Malur Taluk. Plaintiffs

AND :

1. A.N. NANDISHAPPA
S/o Nyanappa,
Aged about 52 years.

2. RUDRAMMA
W/o Nandeeshappa,
Aged about 44 years

Defendant No.1 & 2 are

R/o House No.97,
Anchemuskur Village,
Lakkur Hobli, Malur Taluk.

3. KUSHALNATH SHETTY
S/o Late Seetharamaiah Shetty,
Aged about 58 years,
R/o Konibail House,
Kodiamorga Post, Via Manjeshwar,
Kasargod-671 323.

4. P.V. JOSEPH
S/o Late Varkhy,
Aged about 64 years,
 2

R/o Pulivail,
Gandibail Neriya,
Belthangadi Taluk,
Udupi District.

5. N. MANJULA
S/o A.N. Nandeeshaiah,
Aged about 30 years,
R/o Anchemuskur Village,
Lakkur Hobli, Malur Taluk.

6. B.N. Nagaveni
W/o M. Manjunath,
Aged about 42 years,
R/o Belegere Village,
Panathur Post,
Varthur Hobli,
Bangalore East Taluk.

7. B.N. LAKSHMAMMA,
W/o Lakshmanamurthy,
Aged about 64 years,
R/o Belegere Village,
Panathur Post,
Varthur Hobli,
Bangalore East Taluk.

8. Sri. B.K. LAKSHMANA MURTHY

S/o Late Krishnappa,
Aged about 57 years.

9. Sri. KEERTHY M.L.

S/o B.K. Lakshmana Murthy,
Aged about 21 years.

10. Sri. Nikhil Murthy M.L.

S/o B.K. Lakshmana Murthy,
Aged about 20 years.

Defendant No.8 to 10 are R/at Balagere Village,

Panthur Post, Varthur Hobli,
Bengaluru East Taluk.

11. Sri. N. SOMASHEKAR

S/o A.N. Nandishappa,
 3

Aged about 33 years.

R/at No.97, Anchemuskur Village,
Lakkur Hobli, Malur Taluk.

12. FIRE LUXUR DEVELOPERS PRIVATE LIMITED

Having its office at : Unit 303 ‘B’,
Ebrahim Residency, 98, Residency Road,
Bangalore-560 025.

Represented by its authorized signatories

Mr. SUJITH K.L.

S/o K.M. Lakshmikanth
Mr. S. KARTHIKEYAN
S/o T. Somasundara. Defendants

PLAINT UNDER ORDER VII RULE 1 OF THE CPC

That the plaintiffs above named most humbly beg to submit

as follows:

1. That the addresses of the parties are correctly stated in the

cause title above for the purpose of issuance of summons

notices etc., from this Hon’ble Court.

2. That the plaintiff submits that the suit schedule properties

are Ancestral joint properties of plaintiffs and defendants 1

and 2 and they are in joint possession and enjoyment of the

same. There is no partition between the plaintiffs and

defendants in respect of the suit schedule properties.

3. The plaintiffs submit that the Ancestor of plaintiff and

Defendants 1 and 2 is one Nyandappa. The plaintiffs submit

 4

that the above said Nyanappa had 3 daughters and one son

namely 1) Nyanamma, 2) Parvathamma, 3) Rudramma and

A.N. Nandeeshappa (Defendant No.1). The plaintiffs submit

that the 1st daughter of Nyanappa Viz., Nyanamma have left

behind the 2nd Defendant, Rudramma as her sole legal

representative and the 2nd daughter of Nyanappa Viz.,

Pravathamma have left behind her only daughter,

Sunandamma, 2nd plaintiff and the 3rd daughter of Nyanappa

Viz., Rudramma has left behind the Rajamma, the 1 st

plaintiff, as legal representatives. The plaintiffs are herewith

producing the Gemological tree of their family. The plaintiffs

submit that the suit schedule properties being ancestral and

joint family properties and the plaintiffs and defendants are

in peaceful possession of the suit schedule properties being

ancestral and joint family properties and the plaintiffs and

defendants are in peaceful possession of the suit schedule

properties. The plaintiffs are having equal and legitimate

share in the suit schedule properties.

4. The plaintiff submits that the plaintiff and Defendants being

the joint family members are in joint possession and

enjoyment of the suit schedule properties. The plaintiffs

submit that the Defendant No.1 being the Manager of the

 5

Hindu Joint family and the katha in respect of the suit

schedule properties has been changed in the name of

Defendant No.1 on Pavathi varasu basis under IHR. No.8/80-

81. The plaintiffs submit that the Defendant No.1 is not

giving proper accounts to the plaintiffs and they are kept in

dark in respect of the joint family affairs. The defendants

No.2 being the wife of Defendant No.1 is not showing much

interest towards the plaintiffs and they are internally

colluding together are trying to create and concoct some

documents in respect of the schedule properties to defraud

the legitimate share of the plaintiffs. The plaintiffs are

leading a miserable life and the plaintiffs are not interested

to continue in the joint fold along with the defendants. The

schedule properties are joint ancestral properties of plaintiff

and defendants and the plaintiffs and defendants are in

joint possession of the same. The plaintiffs and Defendant 1

and 2 are having 1/4th share each in the schedule

properties. The plaintiffs came to know that the defendants

1 and 2 colluding with Defendants 3 and 4 have created

Registered Sale Deed Dated: 19/07/2006, and 22/12/2005

Registered in Sub Registrar Office Malur, in respect of the

suit schedule properties and the defendants 1 and 2 have

no right to do so. The defendants are coilluding inter-se are

 6

trying to defraud the plaintiffs to get their legitimate share

in respect of the suit schedule properties. The plaintiffs

submit that the said Sale Deeds are null and void and not

acted upon and the said document created without the

knowledge and consent of plaintiffs are not binding on the

plaintiffs. The plaintiffs submitted that the above said sale

transaction is not for the benefit of the joint family also and

as such the said sale deeds are not binding on the plaintiffs

share and the plaintiffs came to know about the said

transactions recently in the month of may 2010 and

immediately the plaintiffs applied for the said copies and

filing this suit within time from the date of knowledge.

5. The plaintiffs further state that he has demanded the

defendants 1 and 2 to effect partition of the schedule

properties and allot them their separate shres in the

schedule properties. The defendants have refused to effect

partition of the schedule properties on last week of April and

turned down the request of the plaintiffs. The plaintiffs have

also conducted panchayath in the last week of May in the

Village in this aspect and the defendants 1 and 2 have

totally denied the share of the plaintiffs. The plaintiffs have

no other alternative remedy except to approach this

 7

Hon’ble Court for his redress the defendant No.3 and 4

taking the advantage of the revenue documents in their

names is trying to alter the nature of the property by

forming the road in the suit schedule property and also

further trying to alienate the schedule properties to defraud

the legitimate share of the plaintiffs and to cause hardship

to the plaintiffs. Hence this suit.

6. That the cause of action for the suit arose on lost week of

may when the defendants have refused to effect partition of

the schedule properties at Anchemustkur Village, Lakkur

Hobli, Malur Taluk, within the jurisdiction of this Hon’ble

Court.

7. That the value of the suit for the purpose of court fee and

jurisdiction is assessed correctly in the valuation slip

annexed to the plaint and accordingly sufficient court fee is

paid on the plaint, as per the provisions of K.C.F. & S.V. Act.

8. That the plaintiffs has not filed any other suit, respect of the

schedule properties against the defendants and no suit

pending before any court of law in respect of the schedule

properties. The suit is filed within time.

 8

WHEREFORE, the plaintiffs most humbly prays that this

Hon’ble Court be pleased to pass judgment and Decree against

the defendants and in favour of the plaintiff:

a. For the partition and separate possession for the 1/4 th share

each plaintiff in the schedule properties on dividing the

schedule properties by metes and bounds.

b. Declare the Registered Sale Deed Dated 19/07/2006 and

12/12/2005 Registered in Sub Registrar Office Malur, as not

binding on the plaintiff.

c. For Court costs and such other relief’s as this Hon’ble Court

may deem fir to grant in the nature of the suit.

SCHEDULE

1. Land bearing Sy. No.32/2 measuring 2 Acres 11 Guntas

situated at Anchemuskur Village, Lakkur Hobli, Malur Taluk,

bounded on East by: Land of Patlappa, West by : Land of

Narayanappa, North by : Land of Thoti Inamthi and

Road and South by : Land of Muni.

2. Land bearing Sy. No.36 measuring 2 Acres 24 Guntas

situated at Anchemuskur Village, Lakkur Hobli, Malur Taluk,

bounded on East by : Land of Kalappa, West by : Land of

Sombappa and Thoti Venkatappa, North by : Land of

Venkataramanappa and South by : Land of Kalappa.

 9

ADVOCATE FOR PLAINTIFFS PLAINTIFFS

Place : Malur

Date:07.03.2019

VERIFICATION

We Rajamma and Sunandamma, the plaintiff in the above

suit do hereby verify that what is the stated in the above

paragraphs 1 to 8 of the plaint are true to the best of my

knowledge, belief and information.

Place : Malur

Date: 07.03.2019 PLAINTIFFS

 10

IN THE COURT OF THE HON’BLE SENIOR CIVIL JUDGE, AT

MALUR
O.S. NO.536/11
BETWEEN :

SMT. RAJAMMA
And another Plaintiffs

AND :

A.N. NANDISHAPPA
And others Defendants

VERIFYING AFFIDAVIT

I, A.R Soubhagyamma, W/o Rajashekaraiah, Aged about 51

years, R/o House No.100, Anchemuskur Village, Lakkur Hobli,
Malur Taluk., do hereby solemnly affirm and state on oath as
follows:

1. I am the PA Holder for plaintiff No.1 in the above case, I am

well conversant with the facts of the case. Hence I am
wearing to this affidavit on behalf of plaintiffs No.1 and 2.
2. I state that, I have filed the above suit for the relief of
partition, separate possession and declaration and other
consequential reliefs.
3. The averments made in the above plaint paragraphs 1 to 8
are true and correct to the best of my knowledge
information and belief.

Identified by me

Advocate Deponent

Place : Malur Swore to before me

Date : 07.03.2019