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IN THE COURT OF THE HON’BLE 2ND ADDITIONAL SENIOR CIVIL

JUDGE AT HASSAN
O.S. No.219/2021
PLAINTIFF : Somnath Murthy
V/s
DEFENDANT : Subbarao and others
I. A. No. /2022
APPLICANT : Somnath Murthy
V/s
RESPONDENTS : Subbarao and others
APPLICATION FILED BY THE PLAINTIFF UNDER ORDER V RULE 20
READ WITH SECTION 151 OF C.P.C. AND SUBMITS AS FOLLOWS:

For the reasons stated in the accompanying affidavit, the Plaintiff


most respectfully prays that the Hon'ble court may be pleased to order
for issuance Summons through sub-service as follows, in the interest of
justice and equity.

i. To the Defendant No.20, 21, 25, 26, 27, 29, 31, 32, 34, 36, 38, 41
and 42 through sub-service by way of Paper Publication in
‘JANATHA MADHYAMA’ daily newspaper having circulation at
Hassan.

ii. To Defendant No.19 and 22 through sub-service by way of Paper


Publication in ‘SAMYUKTHA KARNATAKA’ daily newspaper
having circulation at Bengaluru.

iii. To Defendant No.12 through sub-service by way of Paper


Publication in ‘MANA TELANGANA’ daily newspaper having
circulation at Secundarabad.

iv. To Defendant No.24 and 35 through sub-service by way of Paper


Publication in ‘SHIMOGA TIMES’ daily newspaper having
circulation at Shivamogga.

v. To Proposed Defendant No.2, 6, 9 to 11, 20 to 24, 26 on I.A.No.25


through sub-service by way of Paper Publication in ‘JANATHA
MADHYAMA’ daily newspaper having circulation at Hassan.

vi. To Proposed Defendant No.12, 14, 15, 30 and 31 on I.A.No.25


through sub-service by way of Paper Publication in ‘SAMYUKTHA
KARNATAKA’ daily newspaper having circulation at Bengaluru.

Place : Hassan Advocate for Plaintiff


Date : 13.7.2022
IN THE COURT OF THE HON’BLE 2ND ADDITIONAL SENIOR CIVIL
JUDGE AT HASSAN
O.S. No.219/2021
PLAINTIFF : Somnath Murthy
V/s
DEFENDANT : Subbarao and others
AFFIDAVIT
I, Sri Sumanth Murthy, S/o N.Nagesh Murthy, Aged about 45
Years, R/o #209, Mahaveer Homes Apartment, Kommaghatta Road,
Kengeri Upanagara, Bangalore – 560 060, the Plaintiff in the above
case, do hereby take oath and solemnly affirm as follows.
I have filed the above suit against the Defendants seeking for the
relief sought for in the plaint with respect to suit Schedule properties
etc. I submit with respect that the averments that are made out in the
plaint may kindly be taken as part and parcel of this Affidavit.

I submit with respect that even though the Defendant No.12, 19,
20, 21, 22, 24, 25, 26, 27, 29, 31, 32, 34, 35, 36, 41 and 42 and the
Proposed Defendants No.2, 6, 9, 10, 11, 12, 14, 15, 20, 21, 22, 23, 24,
26. 30 and 31 on I.A.No.25 are residing in the very same address as
shown in the cause title of the plaint and the Application, they are
intentionally avoiding the service of the notice issued by this Hon'ble
Court. The Defendant No.12, 19, 20, 21, 22, 24, 25, 26, 27, 29, 31, 32,
34, 35, 36, 41 and 42 and the Proposed Defendants No.2, 6, 9, 10, 11,
12, 14, 15, 20, 21, 22, 23, 24, 26, 30 and 31 on I.A.No.25 are
intentionally avoiding the service of the Summons and the Notice on
I.A.No.25 respectively.

It is submitted that the Defendant No.20, 21, 25, 26, 27, 29, 31,
32, 34, 36, 38, 41 and 42 and the proposed Defendant No.2, 6, 9 to 11,
20 to 24, 26 on I.A.No.25 are residing at Hassan and hence the
Summons and Notice on I.A.No.25 is to be issued through sub-service
by way of Paper Publication in ‘JANATHA MADHYAMA’ daily newspaper
having circulation at Hassan.

It is submitted that the Defendant No.19 and 22 and the


proposed Defendant No.12, 14, 15, 30 and 31 on I.A.No.25 are residing
at Bengaluru and hence the Summons and Notice on I.A.No.25 is to be
issued through sub-service by way of Paper Publication in
‘SAMYUKTHA KARNATAKA’ daily newspaper having circulation at
Bengaluru.

It is submitted that the Defendant No.12 is residing at


Secundarabad and hence the Summons and Notice on I.A.No.25 is to be
issued through sub-service by way of Paper Publication in ‘MANA
TELANGANA’ daily newspaper having circulation at Secundarabad.
It is submitted that the Defendant No.24 and 35 are residing at
Shivamogga and hence the Summons and Notice on I.A.No.25 is to be
issued through sub-service by way of Paper Publication in ‘SHIMOGA
TIMES’ daily newspaper having circulation at Shivamogga.

As such the notice is required to be issued by way of paper


publication by putting the same in the newspaper having vide publicity
in the locality as sought for in the Application. If the same is not
ordered to be issued upon the Defendant No.12, 19, 20, 21, 22, 24, 25,
26, 27, 29, 31, 32, 34, 35, 36, 41 and 42 and the Proposed Defendants
No.2, 6, 9, 10, 11, 12, 14, 15, 20, 21, 22, 23, 24, 26. 30 and 31 on
I.A.No.25 by way of paper publication, it will become difficult to serve
the notice on them and I will be put to irreparable loss and hardship. It
will also lead to multiplicity of proceedings.

For the foregoing reasons, it is just, convenient and necessary to


order for issuance of notice to the Defendant No.12, 19, 20, 21, 22, 24,
25, 26, 27, 29, 31, 32, 34, 35, 36, 41 and 42 and the Proposed
Defendants No.2, 6, 9, 10, 11, 12, 14, 15, 20, 21, 22, 23, 24, 26. 30
and 31 on I.A.No.25 by way of paper publication as sought for in the
Application, in the interest of justice and equity.

All that is stated in this affidavit are true and correct. Hence I
swear accordingly.

IDENTIFIED BY ME,

Advocate. Deponent
Place: Hassan
Date: 13.7.2022
IN THE COURT OF THE HON’BLE 2ND ADDITIONAL SENIOR CIVIL
JUDGE AT HASSAN
O.S. No.219/2021
PLAINTIFF : Somnath Murthy
V/s
DEFENDANT : Subbarao and others

MEMO FILED BY THE PLAINTIFF AND SUBMITS AS FOLLOWS:

The undersigned counsel herewith produced the Paper Draft in 2

sets towards the issuance of Notice to Defendant No.20, 21, 25, 26, 27,

29, 31, 32, 34, 36, 38, 41 and 42 in the above case.

Place : Hassan Advocate for Plaintiff

Date : 13.7.2022
IN THE COURT OF THE HON’BLE 2ND ADDITIONAL SENIOR CIVIL
JUDGE AT HASSAN
O.S. No.219/2021
PLAINTIFF : Somanath Murthy
V/s
DEFENDANT : Subbarao and others
20. SMT. GAYATHRI,
W/o K S Srikantaiah,
C/o Jayaram,
Hassan -573 201.
21. SRI. G.S. BASAVARAJU,
S/o Nanjappa Shetty,
R/o Javagal, Javagal Hobli,
Arsikere Taluk,
Hassan District - 573 103.
25. SMT.KAMALA @ KAVERI
W/o Chandrashekar,
R/o Kallesomanahalli,
Obalapura, Bagur Post,
Channarayapatna Taluk,
Hassan - 573 201.
26. SRI.Y.G.VEDAMURTHY
S/o Gurusiddappa,
R/o Hunasavalli,
Bharathvalli Farm,
Alur Taluk,
Hassan - 573 202.
27. SRI.K.B. CHALUVEGOWDA
S/o Basavegowda,
R/o Begur Hallikoppalu,
Dudda Hobli, Hassan Taluk,
Hassan – 573 201
29. SRI. CHIKKEGOWDA,
S/o Channegowda,
R/o Janatha Military Hotel,
Kasturba Road, Hassan-573 201.
31. SRI. NINGEGOWDA,
S/o Ramegowda,
R/o Veerapura, Salagame Hobli,
Hassan Taluk, Hassan-573 201.
32. SMT. PARVATHAMMA,
W/o Ningegowda, R/o Veerapura,
Salagame Hobli, Hassan Taluk.
34. SRI. SRINIVASAMURTHY,
S/o B Krishnappa,
R/o Satyavangala Layout,
Kasaba Hobli,Hassan Taluk,
Hassan - 573 201.
36. SRI.S. NARAHARI,
(Professor, Govt Arts and Science
College), S/o B.S. Subbaraya Shasthri
Basavapatna,
Ramanathapura Hobli,
Arakalgud Taluk,
Hassan - 573 201.
38. SRI.H.D. LAKKEGOWDA,
S/o Late Doddegowda,
R/o Madihalli Village,
Hagare Village, Belur Taluk,
Hassan District.
41. SRI.K.G. LOKESH,
S/o Govindashetty,
R/o Gundegowdanakoppalu,
Satyavangala Village,
Kasaba Hobli, Hassan Taluk,
Hassan District.
42. SMT.KANTHAMANI,
C/o Siddhashetty,
R/o Vivekanandanagar,
Satyavangala Village,
Kasaba Hobli, Hassan Taluk,
Hassan.
PUBLIC NOTICE TO DEFENDANT NO.20, 21, 25, 26, 27, 29, 31, 32,
34, 36, 38, 41 AND 42
The Plaintiff has filed the above suit against the Defendants
seeking for the relief of Partition and Separate Possession, Rendition of
Accounts, Declaration, Mesne Profit and Permanent Injunction with
respect to the suit Schedule properties etc. This Summons is caused to
Defendant No.20, 21, 25, 26, 27, 29, 31, 32, 34, 36, 38, 41 and 42.
The above case is posted to for the appearance of the
Defendant No.20, 21, 25, 26, 27, 29, 31, 32, 34, 36, 38, 41 and 42. If
the Defendant No.20, 21, 25, 26, 27, 29, 31, 32, 34, 36, 38, 41 and 42
are interested to resist the claim of the Plaintiff, you may appear before
the above said Hon'ble court on the above said date of hearing at 11AM
to oppose the suit either personally or through counsel. Otherwise, the
Court will proceed with the matter by placing you ex-parte.

Given under my hand on Day of July, 2022.


By order of the court

Advocate for Plaintiffs Smt. H.K.Roopa


Chandrashekar.K, Shirasthadar
Advocate, Prl. Senior Civil Judge and CJM
Hassan Hassan

Place : Hassan
Date : 13.7.2022
IN THE COURT OF THE HON’BLE 2ND ADDITIONAL SENIOR CIVIL
JUDGE AT HASSAN
O.S. No.219/2021
PLAINTIFF : Somanath Murthy
V/s
DEFENDANT : Subbarao and others

MEMO FILED BY THE PLAINTIFF AND SUBMITS AS FOLLOWS:

The undersigned counsel herewith produced the Paper Draft in 2

sets towards the issuance of Notice to Defendant No.19 and 22 in the

above case.

Place : Hassan Advocate for Plaintiff

Date : 13.7.2022
IN THE COURT OF THE HON’BLE 2ND ADDITIONAL SENIOR CIVIL
JUDGE AT HASSAN
O.S. No.219/2021
PLAINTIFF : Somanath Murthy
V/s
DEFENDANT : Subbarao and others
19. SMT.N. NIDHI MURTHY,
D/o N.Nagesh Murthy,
R/o 485, B.E.L Layout,
11th B cross, 3rd Main,
Vidyaranyapuram, Bangalore.

22. SRI.K.P.SHARADHA,
W/o B.K. Chandregowda,
R/o No 263, Tent Road, Devasandra,
Bangalore-560 036.

PUBLIC NOTICE TO DEFENDANT NO.19 AND 22


The Plaintiff has filed the above suit against the Defendants
seeking for the relief of Partition and Separate Possession, Rendition of
Accounts, Declaration, Mesne Profit and Permanent Injunction with
respect to the suit Schedule properties etc. This Summons is caused to
Defendant No.19 and 22.
The above case is posted to for the appearance of the
Defendant No. 19 and 22. If the Defendant No. 19 and 22 are
interested to resist the claim of the Plaintiff, you may appear before the
above said Hon'ble court on the above said date of hearing at 11AM to
oppose the suit either personally or through counsel. Otherwise, the
Court will proceed with the matter by placing you ex-parte.

Given under my hand on Day of July, 2022.

By order of the court

Advocate for Plaintiffs Smt. H.K.Roopa


Chandrashekar.K, Shirasthadar
Advocate, Prl. Senior Civil Judge and CJM
Hassan Hassan

Place : Hassan
Date : 13.7.2022
IN THE COURT OF THE HON’BLE 2ND ADDITIONAL SENIOR CIVIL
JUDGE AT HASSAN
O.S. No.219/2021
PLAINTIFF : Somanath Murthy
V/s
DEFENDANT : Subbarao and others

MEMO FILED BY THE PLAINTIFF AND SUBMITS AS FOLLOWS:

The undersigned counsel herewith produced the Paper Draft in 2

sets towards the issuance of Notice to Defendant No.12 in the above

case.

Place : Hassan Advocate for Plaintiff

Date : 13.7.2022
IN THE COURT OF THE HON’BLE 2ND ADDITIONAL SENIOR CIVIL
JUDGE AT HASSAN
O.S. No.219/2021
PLAINTIFF : Somanath Murthy
V/s
DEFENDANT : Subbarao and others
12. SRI. ARUN BAGUR,
S/o Venkatramu,
Aged 58 Years,
R/o No. 1-8-300/4, B/E-40,
Bharani Apartments,
Minister’s Road, Secundarabad,
Telangana State - 500 003.
PUBLIC NOTICE TO DEFENDANT NO.12
The Plaintiff has filed the above suit against the Defendants
seeking for the relief of Partition and Separate Possession, Rendition of
Accounts, Declaration, Mesne Profit and Permanent Injunction with
respect to the suit Schedule properties etc. This Summons is caused to
Defendant No.12.
The above case is posted to for the appearance of the
Defendant No.12. If the Defendant No.12 is interested to resist the
claim of the Plaintiff, you may appear before the above said Hon'ble
court on the above said date of hearing at 11AM to oppose the suit
either personally or through counsel. Otherwise, the Court will proceed
with the matter by placing you ex-parte.

Given under my hand on Day of July, 2022.

By order of the court

Advocate for Plaintiffs Smt. H.K.Roopa


Chandrashekar.K, Shirasthadar
Advocate, Prl. Senior Civil Judge and CJM
Hassan Hassan

Place : Hassan
Date : 13.7.2022
IN THE COURT OF THE HON’BLE 2ND ADDITIONAL SENIOR CIVIL
JUDGE AT HASSAN
O.S. No.219/2021
PLAINTIFF : Somanath Murthy
V/s
DEFENDANT : Subbarao and others

MEMO FILED BY THE PLAINTIFF AND SUBMITS AS FOLLOWS:

The undersigned counsel herewith produced the Paper Draft in 2

sets towards the issuance of Notice to Defendant No.24 and 35 in the

above case.

Place : Hassan Advocate for Plaintiff

Date : 13.7.2022
IN THE COURT OF THE HON’BLE 2ND ADDITIONAL SENIOR CIVIL
JUDGE AT HASSAN
O.S. No.219/2021
PLAINTIFF : Somanath Murthy
V/s
DEFENDANT : Subbarao and others
24. SMT. SHANTHAMMA,
W/o B S Venkateshaiah,
R/o Assistant Executive,
Karnataka Electric Board,
Jog, Sagar Taluk,
Shimoga District, Karnataka.
35. SRI.S.G. GOPALAKRISHNA,
S/o T.S. Gundappa,
R/o “Sogane Compound”,
B.H.Road, Shimoga.

PUBLIC NOTICE TO DEFENDANT NO.24 AND 35


The Plaintiff has filed the above suit against the Defendants
seeking for the relief of Partition and Separate Possession, Rendition of
Accounts, Declaration, Mesne Profit and Permanent Injunction with
respect to the suit Schedule properties etc. This Summons is caused to
Defendant No.24 and 35.
The above case is posted to for the appearance of the
Defendant No.24 and 35. If the Defendant No.24 and 35 are interested
to resist the claim of the Plaintiff, you may appear before the above said
Hon'ble court on the above said date of hearing at 11AM to oppose the
suit either personally or through counsel. Otherwise, the Court will
proceed with the matter by placing you ex-parte.

Given under my hand on Day of July, 2022.

By order of the court

Advocate for Plaintiffs Smt. H.K.Roopa


Chandrashekar.K, Shirasthadar
Advocate, Prl. Senior Civil Judge and CJM
Hassan Hassan

Place : Hassan
Date : 13.7.2022
IN THE COURT OF THE HON’BLE 2ND ADDITIONAL SENIOR CIVIL
JUDGE AT HASSAN
O.S. No.219/2021
PLAINTIFF : Somanath Murthy
V/s
DEFENDANT : Subbarao and others

MEMO FILED BY THE PLAINTIFF AND SUBMITS AS FOLLOWS:

The undersigned counsel herewith produced the Paper Draft in 2

sets towards the issuance of Notice to Proposed Defendant No.2, 6, 9 to

11, 20 to 24, 26 on I.A.No.25 in the above case.

Place : Hassan Advocate for Plaintiff

Date : 13.7.2022
IN THE COURT OF THE HON’BLE 2ND ADDITIONAL SENIOR CIVIL
JUDGE AT HASSAN
O.S. No.219/2021
PLAINTIFF : Somanath Murthy
V/s
DEFENDANT : Subbarao and others
PROPOSED DEFENDANTS : 2. Y.S Shivanna
Aged about 70 years
Vidyanagar,
Hassan
6. Smt. K.C Soubhagya
Aged about 35 years
R/o Alur Town, Alur Taluk,
Hassan.
9. N Gopal
Aged about 35 years
R/o 287, Shreyas,
Yediyuru Road,
Vidyanagar, Hassan
10. Sri.B.S Nagaraj
Aged about 35 years
S/o Late B.K Srinivasamurthy,
R/o 284, Sri Shankara Krupa,
Near Land Army Office,
Vivekanagar, Hassan
11. Smt.B.S Malathi
Aged about 35 years
D/o Late B.K Srinivasamurthy,
R/o 284, Sri Shankara Krupa,
Near LandArmy Office,
Vivekanagar, Hassan.
20. Sri. K.M.Srinivasa
Aged about 35 years
R/o152,
Holenarsipura Town, Hassan.
21. Smt.S.K Bharathi
Aged about 35 years
W/o M Srinivas,
R/o Adithya Nilaya,
Kuvempu Road, Vidyanagar,
Hassan
22. Smt. Chandrakala
Aged about 35 years
W/o Venkatesh,
Haralahalli, Dasarakoppalu,
Kasaba Hobli, Hassan
23. Smt. P Sharadha
Aged about 35 years
W/o K.M Srinivasa,
R/o 152, Holenarsipura Town,
Hassan.
24. Sri. Srinivasamurthy
Aged about 35 years
S/o Narayanappa,
R/o Sankaripuram Layout,
Hassan
26. Dr. Srinivas C
Aged about 35 years
S/o Late Chikkathimme Gowda,
R/o Tanvi Nilaya,
C/o Advocate H.S Mohan,
Near Land Army Office,
Vivekanagar, Hassan

PUBLIC NOTICE TO PROPOSED DEFENDANT NO.2, 6, 9 TO 11, 20


TO 24, 26 ON I.A.NO.25
The Plaintiff has filed the above suit against the Defendants
seeking for the relief of Partition and Separate Possession, Rendition of
Accounts, Declaration, Mesne Profit and Permanent Injunction with
respect to the suit Schedule properties etc. This Summons is caused to
Proposed Defendant NO.2, 6, 9 TO 11, 20 TO 24, 26 ON I.A.NO.25
under Order 1 Rule 10 of CPC.
The above case is posted to for the appearance of the
Proposed Defendant NO.2, 6, 9 TO 11, 20 TO 24, 26. If the Proposed
Defendant NO.2, 6, 9 TO 11, 20 TO 24, 26 are interested to resist the
claim of the Plaintiff, you may appear before the above said Hon'ble
court on the above said date of hearing at 11AM to oppose the suit
either personally or through counsel. Otherwise, the Court will proceed
with the matter by placing you ex-parte.
Given under my hand on Day of July, 2022.
By order of the court

Advocate for Plaintiffs Smt. H.K.Roopa


Chandrashekar.K, Shirasthadar
Advocate, Prl. Senior Civil Judge and CJM
Hassan Hassan
Place : Hassan
Date : 13.7.2022
IN THE COURT OF THE HON’BLE 2ND ADDITIONAL SENIOR CIVIL
JUDGE AT HASSAN
O.S. No.219/2021
PLAINTIFF : Somanath Murthy
V/s
DEFENDANT : Subbarao and others

MEMO FILED BY THE PLAINTIFF AND SUBMITS AS FOLLOWS:

The undersigned counsel herewith produced the Paper Draft in 2

sets towards the issuance of Notice to Proposed Defendant No.12, 14,

15, 30 and 31 on I.A.No.25 in the above case.

Place : Hassan Advocate for Plaintiff

Date : 13.7.2022
IN THE COURT OF THE HON’BLE 2ND ADDITIONAL SENIOR CIVIL
JUDGE AT HASSAN
O.S. No.219/2021
PLAINTIFF : Somanath Murthy
V/s
DEFENDANT : Subbarao and others
PROPOSED DEFENDANTS : 12. Smt.Bhagyalakshmi B.S
Aged about 35 years
W/o S.G Gopalakrishnarao
R/o 404, 4th Floor,
Rajamma Layout,
Subramanyapura,
Bangalore
14. Smt. Padmavathi
Aged about 35 years
R/o No. 18,
Opposite Powerhouse,
10th Main Road,
WOC Road, Shivanagar,
Bangalore.
15. Sri. M.J Prashanth
Aged about 35 years
R/o No. 18 ,
Opposite Powerhouse,
10th Main Road,
WOC Road, Shivanagar,
Bangalore.
30. Sri. Thimmappa
Krishnamurthy (DIN: 08599134)
Aged about 50 years
ConnectGlobalOne
Software(India)Private Limited
tkrishmurthy.91@gmail.com
No.24, 1st Main, Dhana Lakshmi
Layout, Near Vidyaspoorthi School,
Veerupakshapura, Kodigehalli,
Bangalore.
31. Bastian Marcel Zuehike
(DIN: 05279790)
Aged about 45 Years,
S/o Hans Heurmann Zuehlke,
Visarity Technologies Private Limited,
A902, NCC, Urbana Aster Park,
Yelahanka New Town,
Bangalore – 560065.
PUBLIC NOTICE TO PROPOSED DEFENDANT NO.12, 14, 15, 30
AND 31 ON I.A.NO.25
The Plaintiff has filed the above suit against the Defendants
seeking for the relief of Partition and Separate Possession, Rendition of
Accounts, Declaration, Mesne Profit and Permanent Injunction with
respect to the suit Schedule properties etc. This Summons is caused to
Proposed Defendant No.12, 14, 15, 30 and 31 ON I.A.NO.25 under
Order 1 Rule 10 of CPC.
The above case is posted to for the appearance of the
Proposed Defendant No.12, 14, 15, 30 and 31. If the Proposed
Defendant No.12, 14, 15, 30 and 31 are interested to resist the claim of
the Plaintiff, you may appear before the above said Hon'ble court on the
above said date of hearing at 11AM to oppose the suit either personally
or through counsel. Otherwise, the Court will proceed with the matter
by placing you ex-parte.
Given under my hand on Day of July, 2022.
By order of the court

Advocate for Plaintiffs Smt. H.K.Roopa


Chandrashekar.K, Shirasthadar
Advocate, Prl. Senior Civil Judge and CJM
Hassan Hassan

Place : Hassan
Date : 13.7.2022

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