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IN THE COURT OF HON’BLE PRINCIPAL CIVIL JUDGE AND CHIEF JUDICIAL

MAJESTRATE BALLARI.

O.S. No. /2017

BETWEEN
PLAINTIFF:
J,Dayanand age 50 years
S/o Late B.H.Janakappa
R/o Plot No. 102, opp Sree Thirumala
Hospital, Sontha Linganna Setty Colony
Gandhinagar, BALLARI.

AND
DEFENDANTS:
1. J.Ravindra aged 56 years
S/o Late. B.H.Janakappa
R/o Door No. 261,Ist Main, Ist cross,
Ist phase, Police Chowki, Vinonabha
Nagar, Shimoga PIN 577201
…Defendant No.1
2. J. Yogendra aged 52 years
S/o Late B.H.Janakappa
R/o Plot No.102, Opp to
Sree Thriumala Hospital
Sontha Linganna Setty Colony
Gandhinagar, SBM Employee
Ballari …Defendant No.2
3. J.Rajendra aged 48 years
S/o Late B.H.Janakappa
R/o Plot No.102, opp to Sree
Thirumala Hospital, Sontha
Linganna Setty Colony,
Gandhinagar, Ballari …Defendant No.3
4. J. Nagendra, aged 46 years
S/o Late B.H. Janakappa
R/o Plot No. 102 opp to Sree
Thirumala Hospital, Sontha
Linganna Setty Colony, Gandhinagar
BALLARI. …Defendant No.4
5. J. Jayashree aged 40 years
D/o Late B.H. Janakappa
W/o Ramesh Uppar, Soft Engineer
Wipro Company, # 103, near Ishwaraya
Splendor 2nd Block, J.P. Nagar 7th Phase
Near Shoba Tulip,BANGALORE-560078 ….Defendant No.5.
The address of the plaintiff for the purpose of service of notices, etc.,
is that his counsel, Sri R.S.K.Singh B.Sc., LL.B, Plot No. 54, opp park,
Sontha Linganna Setty Colony Gadhinagar, Phone No. 9242143918
Advocate, Ballari Phone No.9242143918
PLAINT FILED UNDER ORDER VII RULE 1 OF CIVIL PROCEDURE CODE
READ WITH SECTION 18 OF CPC AND SECTION 26 CPC

The above named plaintiff humbly submits as follows:

1. The address of the parties for the purpose of service of summons,
notices etc., is as shown in the cause title above and that of the
plaintiff counsel is Sri R.S.K.Singh , Advocate, Ballari .
2. It is submitted that the plaintiff is resident of Ballari at the address
cited above and is at present not doing any profession and the
Defendant No.1 is residing at Shimoga with his children due to ill
health, Defendant No.2 is residing at the address cited above, is
the employee of State Bank Of Mysore Main Branch Ballari,
Defendants 3 and 4 are operating a grocery shop at Paravathi
Nagar Ballari, and Defendant No.5 is married and is staying with
her husband at the address cited above.
3. It is submitted that the plaintiff and defendants 1 to 5 are children
of Late B.H. Janakappa and Late Smt. Jayamma late father and
mother respectively. It is further submitted that Late Sri B.H.
Janakapp Father of the plaintiff and defendants died on 21-9-2009
and Late Jayamma Mother died on 1-9-2014 respectively, leaving
behind the Plaintiff and defendants as legal heirs to their
properties. Photo copies of extract of death certificates are
enclosed herewith for kind perusal of this Hon’ble Court.
4. It is submitted that Late Sri B.H.Janakapp retired from service
during 1988, worked as Surveyor in the State Government
Department at Ballari, for period of more than 30 years and
 retired during 1989 and at the time of retirement he received
Death Cum Retirement Gratuity and commutation of pension
about Rs.1,20,000/- and regular monthly pension.
5. It is submitted that said late B.H.Janakapp purchased a open site
measuring south to north 60 feet and east to west 46 feet bearing
plot No. 102 T.S. No.689/B 40 ward No. 16 Block No. 19 situate in
Sontha Linganna setty colony Gandhinagar Ballari, from Sri
Tamandra Ramanjaneyulu son of T. Kondappa Vasu Deva Naidu
Stree, Bellary, for Rs. 38000/-, on 9-1-1989. The said plot is
registered in sub registrar office Book No. 1 page No. 1225 and
more fully described in Schedule A. , photo copy of original sale
deed is enclosed herewith for kind perusal of Hon’ble Court.
6. It is further submitted that Late B.H.Janakappa threw the property
of Schedule A to the common stock of family members voluntarily
and hence a joint family property account was created, among the
members of family including mother father, and five sons and one
daughter.
7. It is submitted that the late Janankapp executed partial partition
deed on 23-1992 titled “ vibhaga dastha veju” and in the said he
transferred to Sri J. Yogendra working in State Bank of Mysore
Bellary, defendant No. 2 above, a portion of site measuring 38
feet east to west and 30 feet south to north and further divided
the site into A B C and he transferred 1140 square feet out 2760
sq. feet of property. A photo copy of survey sketch along with
document deed is enclosed herewith for kind perusal of this
hon’ble Court. It is further submitted a recital of the said speaks
that it is partial partition of joint family property between Late
B.H. Janakappa head of HUF with second son J. Yogendra
excluding other members. It is not known under what
circumstances this deed was executed which is neigh her a family
settlement for consideration or gift in favour of defendant No.2. It
 is submitted that this deed is created for without consent or
participation of plaintiff and other defendants cited in the suit.
8. It is submitted that J. Yogendra constructed house in the A part of
site with bank loan and as well as contributing from pension
amount of late B.H. Janakappa. The plinth area of construction
building is measuring 30 X 30 feet more fully described in
schedule C of plaint and this property is partly joint family
property and partly from the earnings of J.Yogendra, but site on
which is built is joint family property transferred without any
authority. This building was constructed sub divided plot bearing
survey No. B 40/C durng the year 1994 a photo copy of Form No.
3 issued city municipal authority is enclosed herewith for kind
perusal of this hon’ble Court.
9. It is further submitted that in the year 1996 Late B.H. Janakappa
builds house measuring 30 X 30 feet, in C part of site at the cost of
Rs. 2.00 lakhs out savings from pension and shop earnings of
brothers. The South wall of House is constructed abutting the
common wall of house schedule C front two shops and details of
the measurements and check bandhi is mentioned in schedule D
of the plaint.
10.It is submitted that Late Smt Jayamma wife of Late of
B.H.Janakapp died intestate leaving behind landed property 4.05
acres situate in survey No.148 of Bahadhurgatte village
Bharmsagar Hobli Chitradurga Taluk Chitradurga District , which
is more fully described in schedule of the plaint. Original RTC
Extract is produced herewith for kind perusal of this Hon’ble
Court. More fully described in schedule D.
11.It is further submitted that during the life time of Late
B.H.Janakappa has built housing complex in plot No.102 situate in
sontha Linganna settee colony, Gandhinagar and also started
grocery shop at paravathinagar Ballari, and purchased a site
measuring 30 feet X 40 feet near canal KEB Gandhinagar Ballari,
 with his money from pension and DCRG. More fully described in
schedule E.
12.It is further submitted two more houses were added during the
year 2006 above the house of schedule D. More fully described in
schedule F of the plaint.
13.It is further submitted that late B.H. Janakappa died on 21-9-2009
in Bellary and Late Jayamma 1-9-2014 intestate leaving behind the
suit schedule property joint family property and the no partition
has been effected after the death of both parents among the sons
and daughters.
14.The cause of action of for filing this suit arose on the date of death
of Late B.H.janakapp on 21-9-2009 on that the plaintiff came to
know about partial partition deed dated executed between B.H.
Janakappa and J.Ravindra and the cause of action is continuing
and the plaintiff approached several times to defandents through
elders for effecting partition and separate poseesssion of the joint
family property and finally issued legal notice through his counsel
on 14-3-2017, a copy of the said notice is enclosed herewith for
kind perusal of this Hon’ble Court.
15.It is submitted that the suit filed within limitation period from the
date 21-9-2009 of death of B.H.Janakappa and date of death of
smit jayamma on 1-9-2014.
16.It is submitted that the plaintiff now residing at one the small
house situated in housing compound in plot No.102 in Sontha
Linganna setty colony, Ballari. It is further submitted that the
plaintiff and defendants are joint owners, possession and
enjoyment of suit schedule properties and plaintiff is entitled to
1/6 th share in all suit schedule properties. The plaintiff here by
files photo copies of original documents as available now, as per
the list of documents, and prays the Hon’ble the Original
documents which are in the custody of defendants will be filed
during the trial of the case.
17.It is submitted that both parents Father and Mother of plaintiff
and defendants have died intestate leaving behind no
testamentary dispossession of property and the cause of action
for the suit has arisen on date of death of Mother during the
month September 2014, when the plaintiff demanded for
partition and separate possession of his 1/6th share in the suit
schedule properties at Ballari and Chitradurga.
18.It is submitted that Plaintiff is very poor not having any source of
income, and where as the defendants all are having their source
of income and they are threatening the plaintiff with dire
consequences for requesting them to come for partition and
separate possession of joint family property and the defendants
are refusing to agree for partition and separate possession of the
of share of plaintiff’s property.
19.It is submitted that major portion of the suit schedule property is
situate in Ballari, within in jurisdiction of this Hon’ble Court and
hence this Court has jurisdiction to adjudicate in the matter under
section 18 of Civil Procedure Code.
20.It is submitted total valuation of entire suit schedule property is
Rs. 61,00,000/- calculated as per slip and 1/6th share of plaintiff is
Rs. 10,16,666/- as per slip suit property is valued as per section 45
B Karnataka Stamp Act 1957, market value at Rs.10,16,666/- for
the purpose of pecuniary jurisdiction of the Court, as per section
50 of Karnataka Court fees and suit valuation Act 1958.
21. It is submitted that the suit filed is in time and not barred by
limitation.
22.It is submitted that the petitioner has not filed any suit on the
same cause of action and issues before any of the Hon’ble Courts
at Ballari or Chitradurga.
23.For the purpose of Court Fee and Jurisdiction, the suit is valued as
per the valuation slip annexed herewith and Court fee is paid
accordingly. The valuation of of 1/6th share of plaintiff’s share is
 arrived at Rs.10,16,666 /- as per section 35 (2) of Karnataka Court
fees and suit valuation Act 1958.
24.Therefore it is most respectfully prayed that this Hon’ble Court be
pleased to pass a Judgment and Decree in favour of Plaintiff
against the Defendants for the following relief:
1. For Partition and separate possession of 1/6 th Share in the suit
schedule properties.
2. For declaration that partial partition deed dated 23-3-1992
executed between Late B/H.Janakappa and j.yogendra
defendant No.2 is not binding on the plaintiff and is void ab
initio.
3. For Costs and such other reliefs the Hon’ble Court deems fits
to grant under the circumstances of the case in the justice and
equity.

ADVOCATE FOR THE PLAINTIFF PLAINTIFF

Schedule A
1. One site measuring 46 feet X 60 feet, plot No. 102 T.S. No. 689/840
situate In Sontha Linganna Setty Colony, Gandhinagar Ballari. North
to south measuring 60 feet and west to east 46 feet with Road
towards North and plot No. 103 towards east. Measuring 2760 sq.
feet.
Schedule B
House constructed in plot A part of sketch measuring 30 x 30 feet by
Yogendra defendant NO. 2. Towards east common way of main plot
and towards north common wall of house of schedule C.
Schedule C
One house complex measuring one house 30 feet towards east to
west and north to south 15 feet and one shop towards north side
with measuring 15 feet north to south and 30 feet east to west with
 main road facing northern part of shops. This is built in part C of
sketch survey.
Schedule D
One house divided into parts constructed above the schedule C
house with same measurements of house of schedule C.
Schedule E
2. Dry Land 4.05 acres situate in survey No. 148 Bhaddur gate village,
Bharmsagar Hobli Chitradurga taluk, Chirtradurga District.

Schedule F

3. One site measuring 30 X 40 near canal KEB Gandhinagar, Ballari,

original agreement document is with Sri J.Nagendra defendant No.6
above.

ADVOCATE FOR THE PLAINTIFF PLAINTIFF

VERIFICATION

I, Sri J.Dayananda S/o Late B.H. Janakappa, the above

named plaintiffs do here by declare that what is stated in the
above paragraphs and in the above schedule is true and
correct to the best of my knowledge, information and belief.

Verified and signed at Bellary on this 27 th March 2017

Ballari Plaintiff.

Date: 27-3-2017