AMENDED PLAINT

IN THE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC

AT MADHUGIRI

O.S. No.185/2020

B.R. Suresh,
S/o. late B.S. Rudraiah,
Aged about 51 years,
R/at No.260, 15th ‘D’ Cross,
2nd Stage, 2nd Phase,
West of Chord Road,
Mahalakshmi Layout,
Bangalore-560 086

Since dead by his Lrs

i) Deepa. C,
W/o. late B.R. Suresh,
Aged about 46 years,

ii) Varshotha,
D/o. late B.R. Suresh,
Aged about 14 years,

Both are R/at No.260,

15th ‘D’ Cross,
2nd Stage, 2nd Phase,
West of Chord Road,
Mahalakshmi Layout,
Bangalore-560 086 …Plaintiffs

V/s

1. Girijamma,
W/o. late B.S. Rudraiah,
Aged about 70 years,
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2. Vijayamma,
W/o. late B.S. Manjunath,
Aged about 40 years,

3. Subhash Kumar.M,
S/o. late Manjunath B.R

4. Bharati B.R,
Aged about years,

All are R/at No.9, 16th Ward,

K.R. Badavane,
PLD Bank Road,
Madhugiri Town,
Madhugiri,
Tumkur District …Defendants

PLAINT UNDER ORDER VII RULE 1 READ WITH SECTION 26

OF THE CODE OF CIVIL PROCEDURE, 1908

The Plaintiff above named most humbly submit as

under :-

1. The address of the Plaintiff for the purpose of service

of notice, summons, etc., from this Hon'ble Court is as

stated in the cause title and also that of his counsels

…………………………………………

2. The address of the Defendants for similar purposes of

service of notice, summons, etc., from this Hon'ble Court is

as stated in the cause title.

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3. That the Plaintiff is the second son of late B.S.

Rudraiah. The Defendant No.1 is the mother of the Plaintiff

and the Defendants No.2 is sister-in-law of Plaintiff,

Defendant No.3 nephew of Plaintiff and Defendant No.4 is

the sister of the Plaintiff.

4. Late B.S. Rudraiah S/o. late Siddappa died intestate

on 18-11-2009 leaving behind his wife Girijamma (D-1),

and 3 children namely B.R. Manjunath, B.R. Suresh

(Plaintiff) and B.R. Bharathi (D-4). The 1 st son Manjunath

died in the year 2004 leaving behind his wife and one son

i.e., Defendant No.2 and 3.

5. Late B.S. Rudraiah, Plaintiff and late B.R. Manjunath

are the joint owners of the (i) House Property No.3000

(house No.9), measuring 40’ X 60’, situated at K.R.

Badavane, 16th Ward, Madhugiri Town, Tumkur District, (ii)

Sy. No.124/2, situated at Baliya, Madhugiri Taluk,

measuring 1 acre 15 guntas and (iii) Site bearing No.147,

Baliya, Madhugiri Taluk, measuring 30’ X 40’ hereinafter

called SCHEDULE PROPERTY which are morefully

described in the schedule having purchased the properties

out of their hard earned money.

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6. Brother of Plaintiff late B.R. Manjunath had

threatened late B.S. Rudraiah his father and got bifurcated

the Property No.9 i.e. schedule ‘A’ in to 60 X 11 and rest of

the property measuring 60 X 29 continued in the name of

late B.S. Rudraiah and even today the joint property

documents stands in the name of father of Plaintiff. The

Plaintiff being plain hearted and having no intention to

hurt his parents, has kept quite without any murmur. With

great respect to his father, the Plaintiff submit that since

the properties are joint earned properties, the father had no

absolute right to bifurcate any of the properties without

participation of the Plaintiff. Certified copies of Tax Demand

Registrar Extract of the Schedule ‘A’ and ‘B’ Property i.e.,

Nos. 3000, 3000A, (i.e. House No.9), Schedule ‘C’ Site No.

…… and Pahani of Schedule ‘D’ Sy. No.124/2 are hereby

produced and marked as Annexures A to D.

7. Plaintiff married Smt. Deepa .C in the year 2005.

Since there was disputes in the family, the Plaintiff ought

to move and live separately with his wife. On their wed lock

one child named Varshotha B.S. born in 2006 now in 9 th

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Standard. Birth Certificates of the child are hereby

produced and marked as Annexure E.

8. The Plaintiff was leading a cardinal life with his

family. As there was financial disturbances, the Plaintiff

was been seeking for partition with his brothers and later

with Defendants. But on one or the other pretext, the

Defendants were been dodging and denying for legitimate

share of the Plaintiff. The Plaintiff patiently waited for

partition with an intention not to disturb the relation with

them. The Defendants took advantage of the soberness of

the Plaintiff and were enjoying the benefits of the properties

without parting anything to the Plaintiff.

9. The Plaintiff submits that he has undergone open

heart surgery on 4-7-2019 and his health was

deteriorating. The Plaintiff with great difficulty has

managed the financial crisis. The humble requests of the

Plaintiff for partition turned futile. The members of the

family have not cared about him and no financial, moral

and social obligations were met out by them. The Plaintiff

with physical, mental and financial pain bore the

sufferings. At present, the Plaintiff undergoing dialysis

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twice a week. The Plaintiff has to solely manage the whole

episode. The situation is blocking him to the neck which is

becoming unmanageable. The copies of the Discharge

Summary issued by Jayadeva Hospital, Bangalore and

Dialysis reports are hereby produced and marked as

Annexure F to H.

10. At the present scenario, being brutally hit by Covid-

19, dragged back by health and financial drawback, the

Plaintiff has no other go except seeking for immediate

partition which was denied by the Defendants. The Plaintiff

and his family members are struggling for tw…. square

meal per day. Hence inevitably the Plaintiff is forced to

approach this Hon'ble Court for legitimate share and

instantaneous relief also on humanitarian.

11. That the Plaintiff is been demanding Defendants for

partition of the Suit Schedule Properties by metes and

bounds and to put him in separate possession in respect of

his 1/4th share. The Defendants are denying to part with

the properties. The Plaintiff was constrained to wait for the

day.

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12. The Plaintiff got suspicion on the attitude of the

Defendants and upon making discreet enquiry it was

shocking revelation that the Defendants are trying to

alienate the Schedule Properties playing fraud has

clandestinely entering into a sale agreement with the

stranger. After knowing about the sale, the Plaintiff

immediately approaching this Hon'ble Court for proper

relief.

13. Though all the efforts were made by the Plaintiff to get

the issue settle amicably, the Defendants did not had scant

regards & as such, the Plaintiff left with no alternative has

filed this suit for Partition and separate possession of his

respective share over the joint properties which are

described in the schedule of the plaint.

14. Since the Plaintiff was residing separately with his

family to maintain relationship, all the documents

pertaining to the schedule properties were in custody of

Defendants. The Defendants have denied even Photostat

copies of the documents to part with Plaintiff as such the

Plaintiff do not have records. The Plaintiff has produced the

documents whatever available with him.

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15. The cause of action for the suit arose on 18-11-2009

when B.S. Rudraiah died, on ……….. 2004 when brother of

Plaintiff B.R. Manjunath died, on 25-05-2020 the last day

when the Plaintiff demanded partition and on all

subsequent dates, within the jurisdiction of this Hon'ble

Court.

16. That the Schedule Property is situated within the

jurisdiction of this Hon'ble Court and as such this Hon'ble

Court has got territorial jurisdiction to try the above suit.

17. That the suit is for Partition and separate possession,

the Court Fee is paid as per the Valuation Slip separately

enclosed and the Plaintiff and Defendants 1 to 4 are in joint

possession.

18. There are no other legal proceedings and litigations

either past or present concerning any part on the subject

matter of this suit, within the knowledge of the Plaintiff.

PRAYER

WHEREFORE, the Plaintiff prays that this Hon'ble

Court be pleased to pass a Judgment and Decree against

the Defendants :-

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a) For partition of the Schedule A to D Properties by

metes and bounds and to put the Plaintiff in separate

possession of his legitimate share to the extent of 1/4 th

share in the Schedule Properties.

b) Grant permanent injunction restraining the

Defendants or their agents, power of attorney holders or

anybody acting on their behalf from alienating by way of

sale, mortgage, lease, gift or hypothecation or creating any

third party liabilities on the Schedule Property;

c) For mesne profits

d) Grant such other relief/s as this Hon'ble Court deems

fit in the circumstances of the case, including costs of this

suit, in the interest of justice and equity.

SCHEDULE ‘A’

All that piece and parcel property bearing No.3000 A,

House No.9, Khatha Assessment No.3751/4951A/3000A,

Ward No.16, K.R. Badavane, Madhugiri Town, Madhugiri,

Tumkur District, measuring East to West: 60 feet and

North to South : 29 feet totally measuring 1700 Square feet

and bounded on:

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East by : Road,

West by : High School Compound,

North by : Katha Assessment No.3749, 4950

and 2999

South by : Property No.3000 i.e. remaining

property in the name of
B.R. Manjunath

SCHEDULE ‘B’

All that piece and parcel property bearing No.3000,

House No.9, Khatha Assessment No.3751/4951A/3000A,

Ward No.16, K.R. Badavane, Madhugiri Town, Madhugiri,

Tumkur District, measuring East to West: 60 feet and

North to South : 29 feet totally measuring 1700 Square feet

and bounded on:

East by : Road,
West by : High School Compound
North by : Katha Assessment No.3749, 4950
and 2999
South by : Property No.3000 i.e. remaining
property in the name of
B.R. Manjunath

SCHEDULE ‘C’

All that piece and parcel property bearing No.417,

Ward No……, K.R. Badavane, Madhugiri Town, Madhugiri,

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Tumkur District, measuring East to West: 30 feet and

North to South: 40 feet totally measuring 1200 Square feet
and bounded on:

East by : Road,
West by : Hospital/Nagappas House
North by : Government Road,
South by : Parijans House

SCHEDULE ‘D’

Land bearing Sy. No.124/2, Byalya, Madhugiri Town,

Madhugiri, Tumkur District, measuring 1 acre 15 guntas

East by : Ganganna Land,

West by : Mudaappa Land,
North by : Kondappa Land,
South by : Doddasiddappa Land

Advocate for Plaintiff Plaintiff

VERIFICATION

I, Deepa .C, the Plaintiff No. (i) above named do hereby

verify that this is my name and signature and the
statements made in the above plaint at Paragraphs 1 to 18
are true and correct to the best of my knowledge,
information and belief.

Madhugiri, Plaintiff
Dated:

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IN THE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC

AT MADHUGIRI

O.S. No.185/2020

B.R. Suresh,
Since dead by his Lrs
i) Deepa . C
and another …Plaintiff
V/s

Girijamma
and others …Defendants

VERIFYING AFFIDAVIT

I, Deepa. C, W/o. late B.R. Suresh, aged about 46

years, residing at No.260, 15th ‘D’ Cross, 2nd Stage, 2nd

Phase, West of Chord Road, Mahalakshmi Layout,

Bangalore-560 086, do hereby solemnly affirm and state on

oath as follows:-

1. I state that I am the Plaintiff No.(i) and I know the

facts of the case and the Plaintiff No. (ii) is my daughter

hence I am swearing to this affidavit on my behalf and also

on behalf of Plaintiff No. (ii)

2. I state that the averments made in Para No.1 to 18 of

the amended plaint are true and correct to the best of my

knowledge, information and belief.

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3. I state that the documents furnished along with the

plaint at Annexures A to D are originals, Annexures E to H

are Photostat copies of the original Birth Certificate.

VERIFICATION

I, Deepa. C, do hereby verify that this is my name and

signature and the contents of this affidavit are true and

correct to the best of my knowledge, information and belief.

Identified by me,
DEPONENT
Sworn to before me
Advocate,

Bangalore,
Dated:

No of corrections

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