IN THE COURT OF THE HON’BLE SENIOR CIVIL JUDGE AND

J.M.F.C. AT CHINTAMANI
O.S.No.126 of 2022
BETWEEN:-
Smt.N.Kavitha,
D/o Narayanappa
W/o Shankar B.
Aged about 43 years,
R/o # 11, Lakshmi Sagar Street,
Venkatappa Layout,
Behind Kote Temple,
Near I.T.I. Compound,
Krishnarajapuram,
Bangalore-36. ….. PLAINTIFF
AND
1. Sri.Narayanappa
Alias Narayanappa M.
S/o Late Muniyappa,
Aged about 68 years,
R/o # 24 Beereshwara Nilaya,
Dhatta Ashrama Road, Near Arali Katte,
Behind I.T.I. Compound,
Krishnarajapuram,Bangalore-36.

2. Sri.Naveen kumar.N
S/o Late Narayanappa,
Aged about 28 years,
R/o # 24 Beereshwara Nilaya,
Dhatta Ashrama Road, Near Arali Katte,
Behind I.T.I. Compound,
Krishnarajapuram,Bangalore-560 036. …… DEFENDANTS

MEMORANDOM OF WRITTEN STATEMENT UNDER ORDER 8 RULE

1 OF C.P.C.
The Defendant No.2 humbly and respectfully submits as follows.
1.The Defendant No.2 submits that the plaintiff above named
has filed a false and frivolous case against her biological father, Defendant No.1
herein , alleging, that all the suit, schedule properties.
2. Defendant No.2 states that he is totally adopting the written statement filed
by Defendant No.1 to the plaintiffs pettission in this connection
3. Whereas on the other hand all the suit schedule properties are exclusively
earned and possessed by defendant No.1 out of his own savings and the said
properties are `self-acquired’ out of self-earnings and nobody has, as matter of
right can claim for the share in the self-acquired properties. Hence it is required
that the plaintiff be put to strict proof regarding her claim.
4. In this connection, the Defendant No.2 further submits that the plaintiff
being a Government servant should file her assets and liablites for every year
to the Hon’ble Government of Karnataka and the aforesaid forms submitted
from every year speaks the truth of Plaintiff’s claim.
5. The Defendant No.2 submits that the plaintiff had left her Two Children in
the house of Defendant No.1 and Defendant No.1 has reared and nurtured the
children and has educated at Sree Venkateshwara English School K.R.Puram.
6. The Defendant No.2 submits that the plaintiff has averred in Paragraph No.3
of the plaint that the plaintiff is the only daughter of Defendant No.1 and
Smt.Rukminiyamma but she had the knowledge that a child from his infancy is
being brought up as a `Son’ as early as the year of 1995 by Defendant No.1 and
his wife.
7. The Defendant No.2, in addition to the documents that he has submitted for
Impleading himself as proposed Defendant, now, with the leave of this hon’ble
court wishes to submit the following Documents namely,
A. Service Extract of Defendant No.2.
B. Police Verification report.
C. Betrothal Ceremony.
D. Wedding Invitation card, in order to assert that the Defendant No.2 is the
son of Defendant No.1 and Smt. Rukminiyamma. Public invitation through
wedding card of the family may kindly be deemed as open declaration and
admission of the fact that Defendant No.2 is the son of the family by plaintiff
and also Defendant No.1. the set documents are enclosed to this written
statement as annexture A,B,C and D respectively.
8. The Defendant No.2 further submits that (my father), Defendant No.1 herein
being a self-maid man has earned all the suit schedule properties without the
Financial help of anybody and the Defendant No.1 is the Absolute Owner of all
the suit schedule properties and during his life time I cannot stake claim over
them legally nor anybody has right to do so.
9.The Defendant No.2.further submits that his father Late Narayanappa.M
Expired on 26/11/2023 (Death Certificate is produced as annexture E) and is
lost WILL is also produced as annexture F to the scrutiny of this hon’ble court.
In view of the documents submitted before this hon’ble court and the last WILL
executed by Defendant No.1 in favour of me my wife and minor children this
hon’ble court may put the plaintiff for strict proof of the facts stated by her in
the plaint and in light of the aforesaid statement the hon’ble court may kindly
decide upon the claims of the plaintiff.
Wherefore the Defendant No.2. pleads before this hon’ble court to
dismiss the clients of the plaintiff in liming and this hon’ble court may
kindly pass the judgement and decreed in my favour in interest of
justices and equity.

Advocate for Defendant No.2. Defendant No.2.

Verification.
I, Naveen kumar. N, Defendant No.2. now Campine at Chintamani
do hereby verify and declare that what is stated above in Para 1 to 9 are
all true to the best of my knowledge, information and belief.
Place: Chintamani.
Date:24/01/2024.
Defendant No.2.
 IN THE COURT OF THE HON’BLE SENIOR CIVIL JUDGE AND
J.M.F.C. AT CHINTAMANI
O.S.No.126 of 2022
BETWEEN:-
Smt.N.Kavitha. ….. PLAINTIFF
AND
Sri.Narayanappa.M. and another …… DEFENDANTS
AFFIDAVIT VERIFYING THE WRITTEN STATEMENT
I, Sri. Naveen kumar. N S/o Late Narayanappa,
working as Jeep Driver Grade-1 in Soil and Land Use
Survey of India, Aged about 28 years, R/a No.24,
Beereshwara Nilaya, Dhatta Ashrama Road, Near Arali
Katte, Behind I.T.I. Compound, K.R.Puram, Bangalore-560
036, presently camping at Chintamani, do hereby
solemnly affirm and state on oath as follows:

1.I am the defendant No.2. in the above case, I am well

conversant with the facts and circumstance of the case.
Hence, I am swearing to this verifying affidavit.
2.I hereby verify and declare that the contents in the
above paras and that of the written statement are true
and correct.
I hereby verify and declare that what is stated above are
true and correct to the best of my knowledge, information
and belief.
Identified by me.
DEPONENT
Advocate,
Chintamani.
 Date:24/01/2024.
No. of corrections:-

IN THE COURT OF THE HON’BLE SENIOR CIVIL JUDGE

AND J.M.F.C. AT CHINTAMANI
O.S.No.126 of 2022
I.A-NO………… 2023.
BETWEEN:-
Smt. Kavitha.N …… PLAINTIFF
AND:-
Shri. Narayanappa and another …… DEFENDANTS
Application filed on behalf of the Applicant/Defendant
no.2 under Section 151 of Civil Procedure Code
For the reasons mentioned in the accompanying affidavit it is
prayed that the Hon’ble court may be pleased to permit the
applicant to file his written statement in the above case by
condoning the delay if any, which would meet the ends of justice.
Date:- 24/01/2024.
Place:-Chintamani.
Advocate for Defendant No.2.
 IN THE COURT OF THE HON’BLE SENIOR CIVIL JUDGE AND
J.M.F.C. AT CHINTAMANI
O.S.No.126 of 2022
BETWEEN:-
Smt. Kavitha.N …… PLAINTIFF
AND:-
Shri. Narayanappa and another …… DEFENDENTS
Affidavit of Defendant No.2
I, Sri. Naveen kumar.N S/o Late Narayanappa, working
as Jeep Driver Grade-1 in Soil and Land Use Survey of India,
Aged about 28 years, R/a No.24, Beereshwara Nilaya,
Dhatta Ashrama Road, Near Arali Katte, Behind I.T.I.
Compound, K.R.Puram, Bangalore-560 036, presently
camping at Chintamani, do hereby solemnly affirm and
state on oath as follows.
1. I state that I am Defendant No.2 in this case and I
am totally aware of the facts and circumstances of the
case hence, I swear to this affidavit.
2. I was permitted to implead as Defendant No.2 in
this case as per the orders of this Hon`ble court dated 15
december 2022. I ought to have file the my written
statement earlier. But on the other hand there is sufficient
delay in filling the written statement due to the pressure
of work in the office and also the health of my father has
been detoreading and his under going treatment hence
this delay.
3. I state that the delay is due to bonafied reasons
and not a intentional one.
4. I state that I have a good defence in the above case
and I have substantial evidence to defend my case.
5. If the Hon’ble court do not permit me to file written
statement I would to fail to prove my case. The non filling
of my statement is not an intentional one but having
bonafide reasons and condonable one. If the Hon’ble
court allowed this application no hardship, loss and injury
will caused to other side.
WHEREFORE, I pray that the Hon’ble court may be
pleased to permit to the applicant file my written
statement in the above case by condoning the delay if any,
which would meet the ends of justice.

Identified by me.
DEPONENT
Advocate,
Chintamani.
Date: 24/01/2024.
No. of corrections:-