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SL. NO.

DOCUMENT
CIVIL PLEADINGS
1. Statutory Notice
2. Reply Notice
3. Original Suit: Plaint
4. Written Statement
5. Interlocutory Application
6. Caveat
7. Original Petition
8. Civil Appeal
9. Civil Revision
10. Execution Petition
11. Writ Petition (Civil)

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1. STATUTORY NOTICE

Via Registered A.D/Post/Electronic Communication

AA____/____ DATE: ___________

To:
Mr. Sathish Kumar
Son of Late Sri. Krishnappa,
No. 4, 3rd Floor, Shiradi Sai Krupa Complex,
Nagappa Street, Seshadripuram,
Bengaluru, Karnataka- 560020
(Shri. Manmohan PN, Advocate)

Subject: Legal Notice under Section 138 of the Negotiable Instrument Act, 1881

LEGAL NOTICE
Dear Sir / Ma’am,
We write to you on behalf and under the instructions of our client, Smt. Minimal @ Roopa Wife of
Mr. H S Lokesh aged about 34 Years (“hereinafter referred to as my ‘client’”), having their
residence at No. 247, Hoodi Village, K R Puram, Hobli, Bengaluru East Taluk, Karnataka- 560048,
we do hereby serve upon you the following notice under Section 138 of the Negotiable Instrument
Act, 1881:

1. That my client is entitled to a 1/12th share in Sri H.V. Venkatappa Reddy's properties and
demanded for the same. When the partition of the properties did not materialise, a
compromise was reached pursuant to which you had issued three cheques as security for the
transfer of six plots and Rupees thirty Lakh (Rs. 30,00,000/-).
2. The three cheques were valued at Rupees Five Lakh (Rs. 5,00,000/-) each and another for
Rupees Twenty Lakh (Rs. 20,00,000/-).
3. That when my client, relying on your assurance presented the said cheques of Dhanalakshmi
Bank Limited, M.G. Road Branch, Bengaluru, within the period of its validity before the

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banker for encashment, the same was returned unpaid by the banker with the reason of
“funds insufficient”.
4. That the bank issued a statutory notice to you, even after which funds were not transferred.
Despite various reminder, you failed to pay the due amount to my client. It appears that in
order to cheat my client and with no intention on your part to pay my client, you had
deliberately and intentionally issued the aforesaid cheques wilfully that it was bound to be
dishonoured, on account of ‘insufficient funds’ in your bank account.
5. That your said act and conduct rendered yourself to be dealt with under the provisions of
Section 138 of the Negotiable Instruments Act, 1881.

By means of this Legal Notice, I hereby call upon you, to pay the Cheque amount of Rupees thirty
Lakh (Rs. 30,00,000/-) to my client within the next 30 days from he date of receipt of notice failing
to which I have instructed my cline two take appropriate legal action against you.

A copy is retained in my office for further references.

SRI. K G SADASHIVAIAH
ADVOCATE

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2. REPLY TO NOTICE

Via Registered A.D/Post/Electronic Communication

AA____/____ DATE: ___________

To:
Smt Manimala @ Roopa
Wife of Mr. H S Lokesh,
No.247, Hoodi Village, K R Puram Hobli,
Bangalore East Taluk, Karnataka- 560048.
(Sri K G Sadashivaiah, Advocate)

Subject: Reply to the Legal Notice under Section 138 of the Negotiable Instrument Act, 1881

Dear Sir / Ma’am,


I am writing to you on the instructions of my client Mr. Satish Kumar, son of Late Sri. Krishnappa
aged about 57 years (“hereinafter referred to as my ‘client’”), residing at No. 4, 3rd floor, Shiradi
Sai Krupa Complex, Nagappa Street, Sheshadripuram, Bengaluru, Karnataka- 560020, who has
received a legal notice sent by you dated______. In your notice you have inter alia averred that my
client has fraudulently issued dishonourable cheques to you. I have been instructed to reply to your
notice as under:

1. That, my client acknowledges the receipt of your legal notice dated ________ regarding the
dishonoured cheques where two cheques were valued at Rupees five lakh (Rs. 5,00,000/-) and
one was valued at Rupees twenty Lakh (Rs. 20,00,000/-).

2. That, at the outset, my client denies all the averments with regard to the legal notice sent to him
by you. My client would hereby like to bring to your heed that all the three cheques in question
was issued as part of a settlement agreement related to a partition dispute within the family
property, where your client’s shares were determined post which a compromise was made
wherein I was obligated to pay the said amount and transfer six plots after the fulfilment of
certain conditions.
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3. That, the cheques referred were not issued for the purpose of presentation at the bank. The said
cheques were issued as security which has been missed by you. The obligation of payment of
the cheques were contingent on certain conditions that were to be met by your client which, to
my understanding, have not been fulfilled. Hence, the presentation and the demand for the
encashment of the cheque is untimely and not in accordance with he agreement.

4. In view of the said position, my client has no liability as indicated in the aforesaid notice. My
client is not liable for any prosecution and therefore you are requested to forthwith withdraw the
notice in question immediately.

5. That, my client denies the allegations set forth in the legal notice. Considering this is a family
matter, my client is am committed to resolving the issue amicably and settle the matter. My
client would also request for clarity with regard to the fulfilment of the conditions of the
agreement and further discussion with regard to coming to a mutually acceptable resolution.

SRI. MANMOHAN P N
ADVOCATE

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3. ORIGINAL SUIT: PLAINT

IN THE COURT OF PRINCIPAL CIVIL JUDGE DANDELI,


KARNATAKA
O.S No. _____/2024

BETWEEN
1. Anaresh Vitobha Mirashi
2. Sushilanna
3. Kanthanna
Bangur Nagar, Dandeli town,
Haliyal taluka,
Karnataka- 581329.
(Hereinafter collectively referred to as the "First Party”) …PLAINTIFF

AND

1. Mangunath, s/o Balakrishne Waigankar


2. Gowramma
Jagalbet, Joida Taluka,
Karnataka- 581186.
(Hereinafter collectively referred to as the "Second Party”) …DEFENDANTS

PLAINT UNDER ORDER VII RULE I READ WITH SECTION 26 OF THE CODE OF
CIVIL PROCEDURE ,1908

THE PLAINTIFF ABOVE MENTIONED RESPECTFULLY SUBMITS THE FOLLOWING:

1. The description of the property- The four boundaries for Dandeli R D Joint 1 No. sub Division,
Dandeli town 6th Ward, Maruti Nagar, Door No. 69, Municipal Old Taxation no. 12345 and
Town survey no. 678, 679 and 680 south faced tiled house.
a. By North - Town Survey No. 876/2A1 East West Street.
b. By East - Town Survey No. 676 Audi Apts.
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c. By South - Town Survey No. 677 East West Street.
d. By West - Town Survey No. 678/1A2 North west Lane.
(Hereinafter called and referred to as ‘the said property’ for the sake of brevity and
convenience)
2. That the plaintiff (Hereinafter collectively referred to as the "First Party”) states that the
plaintiff is a permanent resident of Dandeli Town with permanent residence at Bangur Nagar,
Dandeli town, Haliyal taluka, Karnataka- 581329. That the defendant (Hereinafter collectively
referred to as the "Second Party”) is a permanent resident of Joida Taluk with permanent
residence at Jagalbet, Joida Taluka, Karnataka- 581186.
3. The Plaintiffs, being the First Party, and the Defendants, being the Second Party, entered into a
Sale Agreement in November, 2014, with the intention of transferring ownership of the property
described in the schedule above for a consideration of Rs. 25 Lakhs. Pursuant to this agreement,
the Second Party paid an earnest amount of Rs. 3 lakhs to the First Party as a token of their
commitment to the transaction.
4. The Sale Agreement specifically outlined the terms and conditions governing the sale
transaction. It obligated the Second Party to procure stamp paper within 6 months at their own
expense and execute the sale deed in accordance with the terms proposed. Furthermore, the
Second Party was required to pay the balance of the sale consideration, deducting the earnest
amount, to the First Party upon execution of the sale deed. Failure to adhere to these conditions
would grant the Second Party the right to deposit the balance of sale consideration in the civil
court and obtain a sale with possession from the First Party.
5. The First Party acknowledges receiving payments from the Second Party on various dates as
follows:
a. Rs. 3 lakhs on 12.12.2014
b. Rs. 1 lakh on 12.01.2015
c. Rs. 3 lakhs on 14.04.2015
d. Rs. 3 lakhs on 10.09.2016
6. Despite the execution of a legally binding Sale Agreement, the Second Party has failed to fulfill
their contractual obligations. Specifically, they have not procured the necessary stamp paper as
required by the agreement, nor have they paid the balance of the sale consideration within the
agreed-upon timeframe. This failure constitutes a clear breach of contract on the part of the
Second Party.

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7. The failure of the Second Party to adhere to the terms of the Sale Agreement has resulted in
financial loss for the First Party. The First Party has incurred expenses in anticipation of
completing the sale transaction, such as legal fees, administrative costs, and potential loss of
income from alternative transactions that could have been pursued had the sale proceeded as
agreed.
8. The actions of the Second Party have caused significant inconvenience to the First Party. The
uncertainty surrounding the completion of the sale transaction has disrupted the First Party's
plans and affected their ability to manage their affairs efficiently. The inability to finalize the
sale has created uncertainty regarding the ownership status of the property, further complicating
matters for the First Party.
9. The failure of the Second Party to fulfill their obligations under the Sale Agreement has resulted
in uncertainty regarding the ownership status of the property in question. This uncertainty has
practical implications for the First Party, as it hampers their ability to exercise their rights as the
rightful owner of the property and may impede their ability to deal with the property in the
future.
10. The failure of the Second Party to complete the sale transaction as agreed has hindered the First
Party's ability to explore alternative transactions or arrangements concerning the property. This
lack of clarity regarding the ownership status of the property has potentially deprived the First
Party of opportunities to engage in other beneficial transactions or investments, thereby
exacerbating the financial impact of the Second Party's breach of contract.
11. That Despite the Second Party's default, the First Party remained ready and willing to fulfill
their obligations under the Agreement. The First Party has suffered losses and inconvenience
due to the breach of contract by the Second Party.
12. The Agreement between the parties is a valid and binding contract, and the failure of the Second
Party to perform their obligations entitles the First Party to seek specific performance thereof.
Therefore, the First Party seeks an order from the Court directing the Second Party to fulfill
their obligations under the Agreement, specifically by completing the purchase and executing
the sale deed. Additionally, the First Party requests costs, damages, and any other relief deemed
appropriate by the Court.
13. That the present out is for specific performance of agreement to sell in respect of the said
property for a consideration of Rs. 25,00,000/- (Rupees Twenty five lakhs only) and therefore,
valued at Rs. 25,00,000/- (Rupees twenty five lakhs only). That appropriate court fee has been
paid thereupon.
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14. That this Hon’ble Court has jurisdiction to entertain and try the present suit.
15. That the present suit is not barred by the law of limitation.

PRAYER

16. That the Plaintiff therefore, moat humbly prays—


a. That the defendants may kindly be directed to execute and register sale deed of the
property, which is more particularly described in Paragraph 1 above, in favour of the
Plaintiff, forthwith;
b. That this Hon’ble court. May be pleased to pass a decree for specific performance of the
agreement entered into between the first party and the second party;
c. That the Hon’ble Court directs the defendants to pay the balance consideration amount of
Rs. 15,00,000/- (Rupees fifteen Lakhs only) and execute the sale deed in favour of the
plaintiffs;
d. That the hon’ble Court may award costs damages and any other relief deemed fit by this
Hon’ble court;
e. That the Hon’ble Court may grant such other and further relief as this Hon’ble Court may
deem just and proper in the circumstances.

AND FOR THIS ACT OF KINDNESS, THE PLAINTIFF ABOVE MENTIONED, AS IN DUTY
BOUND, SHALL EVER PRAY.

Place: Dandeli
Dated: 13th February, 2024 PLAINTIFF

Sd/-

Advocate for the Plaintiff

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VERIFICATION

I, Mr. Anaresh Vitobha Mirashi, Ms. Sushilmma and Ms. Kanthamma about 55, 29 and 43 years of
age respectively, the plaintiff above named, do hereby state on solemn affirmation that what is
stated in the above paragraphs 1 to 15 of the Plaint are true and correct to the best of my knowledge
and information.
Solemnly affirmed on this 13th day of the month of February, 2024 at Dandeli.

Place: Dandeli
Date: 13th February, 2024
PLAINTIFF

An affidavit in support of the above plaint if filed herein.

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4. WRITTEN STATEMENT

IN THE COURT OF PRINCIPAL CIVIL JUDGE DANDELI,


KARNATAKA
O.S No. _____/2024

BETWEEN
1. Anaresh Vitobha Mirashi
2. Sushilanna
3. Kanthanna
Bangur Nagar, Dandeli town,
Haliyal taluka,
Karnataka- 581329.
(Hereinafter collectively referred to as the "First Party”) …PLAINTIFF

AND

1. Mangunath, s/o Balakrishne Waigankar


2. Gowramma
Jagalbet, Joida Taluka,
Karnataka- 581186.
(Hereinafter collectively referred to as the "Second Party”) …DEFENDANTS

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANTS TO THE SUIT FILED BY


THE PLAINTIFFS

MOST RESPECTFULLY, THE DEFENDANTS SUBMIT AS FOLLOWS—

PRELIMINARY OBJECTIONS:-

1. That at the outset itself, the defendant denies each and every allegations levied by the plaintiff
against the defendant in the present suit. The plaintiff has filed the present suit against the
defendant with malafide intentions and ulterior motive. The allegations levelled by the plaintiff
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in the present suit are completely false and frivolous and the same are merely made with he
intention to harass the defendant.
2. The allegations made by the plaintiff I its plaint are denied as false.. the plaintiff has not
approached this Hon’ble Court with clean hands. The plaintiff has malafide intentions,
concealed various material facts and information from this Hon’ble Court and only presented
the facts that are favourable to their case.
3. That the instant suit being devoid of any cause of action against the defendant and its liable to
be dismissed with punitive costs. It is submitted that the suit is misconceived and is based on
suppression and incorrect facts and on this ground alone the suit is liable to be dismissed.

PARA WISE REPLY:-

PARA 1: The Defendants acknowledge the property description provided by the Plaintiffs but stress
that it was mutually agreed upon by both parties at the time of the Sale Agreement. Any disputes
regarding the property boundaries should have been addressed prior to entering into the agreement.

PARA 2: While the Defendants acknowledge the residence addresses of both parties, they assert that
the legal validity of the Sale Agreement is not contingent upon the location of residence. The terms
and obligations outlined in the agreement remain binding regardless of the parties' places of
residence.

PARA 3: The Defendants acknowledge the existence of the Sale Agreement but clarify that it was
subject to certain conditions, as specified therein. It's crucial to ensure that all conditions precedent
are met before expecting the execution of the sale deed and payment of the balance consideration.

PARA 4: The Defendants emphasize that execution of the sale deed and payment of the balance
consideration were contingent upon the fulfillment of all contractual obligations by both parties.
The Defendants maintain that they are prepared to fulfill their obligations once all conditions
precedent are met.

PARA 5: The Defendants vehemently deny any breach of the Sale Agreement. They assert that they
have acted in good faith and have not failed to adhere to the terms proposed. Any alleged breach is
refuted by the Defendants.
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PARA 6: The Defendants assert that the payments made to the Plaintiffs were made in good faith
and in accordance with the terms of the Sale Agreement. Any allegations of default are firmly
denied by the Defendants.

PARA 7: The Defendants deny any breach of contract and emphasize their good faith in fulfilling
their contractual obligations. They assert that they have acted in accordance with the terms of the
Sale Agreement and have not failed to fulfill their duties.

PARA 8: The Defendants contest the Plaintiffs' claim of financial loss, asserting that any expenses
incurred are unrelated to the actions of the Defendants. They deny any responsibility for the alleged
losses suffered by the Plaintiffs.

PARA 9: The Defendants refute the allegations of inconvenience caused to the Plaintiffs. They
stress that any disruption or uncertainty surrounding the sale transaction is beyond their control and
not attributable to any actions on their part.

PARA 10: While acknowledging the uncertainty regarding the ownership status of the property, the
Defendants emphasize that such uncertainty arises from the Plaintiffs' failure to fulfill their
obligations under the Sale Agreement.

PARA 11: The Defendants contest the alleged hindrance to the Plaintiffs' ability to explore
alternative transactions. They assert that any alleged deprivation of opportunities is speculative and
unfounded.

PARA 12: The Defendants reiterate their willingness to fulfill their obligations under the Sale
Agreement. They deny any wrongdoing and maintain that they are prepared to fulfill their duties
once all conditions precedent are met.

PARA 13: The Defendants contest the assertion that the Sale Agreement is a valid and binding
contract. They emphasize that any alleged breach of contract by the Defendants is refuted, and the
Plaintiffs' claims for specific performance and other relief are denied.

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PRAYER

Hence, it is most respectfully and humbly prayed that this Hon’ble Court may be pleased to:
a. Dismiss the suit filed by the plaintiff on the grounds brought out in the written statement as the
plaintiff is not entitled to any relief as claimed in the prayer clause of the plaint.
b. Impose exemplary costs upon the plaintiff for abusing the process of this Hon’ble court and
wasting the precious time of this Hon’ble court by filing the present frivolous litigation.
c. Award the costs of the present case in favour of the defendant.
d. Any other or further order which this Hon’ble court may deem fit in the interest of justice and
equity.

AND FOR THIS ACT OF KINDNESS, THE DEFENDANT ABOVENAMED, AS IN DUTY


BOUND, SHALL EVER PRAY.

Place: Dandeli
Date: 21st February, 2024DEFENDANT

Sd/-

Advocate for Defandant

VERIFICATION

I, Mr. Manjunath and Ms. Gowramma, do hereby declare that the contents of the written statement
are true and correct tot he best of my knowledge and belief and the rest of the Paras are on the basis
of information and legal advice verified on this the 21st day of February, 2024 at Dandeli.

Place: Dandeli
Date: 21st February, 2024DEFENDANT

An affidavit in support of the above mentioned written statement is filed herein.


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5. INTERLOCUTORY APPLICATION

INTERLOCUTORY APPLICATION
IN THE COURT OF PRINCIPAL CIVIL JUDGE DANDELI,
KARNATAKA
IA NO. ______OF 2024
Original Petition No. ____/2024

BETWEEN
1. Anaresh Vitobha Mirashi
2. Sushilanna
3. Kanthanna
Bangur Nagar, Dandeli town,
Haliyal taluka,
Karnataka- 581329.
(Hereinafter collectively referred to as the "First Party”) …PLAINTIFF

AND

1. Mangunath, s/o Balakrishne Waigankar


2. Gowramma
Jagalbet, Joida Taluka,
Karnataka- 581186.
(Hereinafter collectively referred to as the "Second Party”) …DEFENDANTS

INTERLOCUTORY APPLICATION FOR ENFORCEMENT OF SALE AGREEMENT

MOST RESPECTFULLY SHOWETH:

3. The Plaintiffs assert their legal ownership over the property detailed in the attached schedule,
referencing the sale agreement dated November, 2014, which was mutually agreed upon
between the Plaintiffs (referred to as the First Party) and the Defendants (referred to as the

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Second Party). This assertion is corroborated by the terms delineated within the agreement
itself.
4. The Defendants, as per the terms stipulated in the aforementioned sale agreement, assumed the
responsibility of remitting the outstanding balance of the sale consideration within a designated
period of six months from the agreement's inception. Additionally, they were mandated to
execute and endorse the sale deed in favor of the Plaintiffs.
5. Despite repeated entreaties from the Plaintiffs, the Defendants have failed to discharge their
obligations within the prescribed timeframe as delineated in the sale agreement.
6. In stark contrast, the Plaintiffs have dutifully fulfilled all obligations outlined within the
agreement. This includes, but is not limited to, facilitating the transfer of possession of the
property specified in the schedule and ensuring the property's liberation from any
encumbrances.
7. It is noteworthy that the Defendants have already tendered a cumulative sum of Rs. 10,00,000/-
(Rupees ten Lakhs only) as earnest money in adherence to the terms outlined within the sale
agreement.
8. The Plaintiffs have incurred substantial losses and damages as a direct consequence of the
Defendants' failure to adhere to the terms of the sale agreement, thereby constituting a breach
thereof.
9. Consequently, the Plaintiffs implore this Hon’ble Court to undertake the following actions:
a. Direct the Defendants to fulfill their financial obligations by remitting the remaining
balance of the sale consideration, factoring in the earnest money already tendered, in
accordance with the stipulations of the sale agreement
b. Order the Defendants to execute and register the sale deed in favor of the Plaintiffs within
the specified timeframe at the registrar's office
c. Adjudicate on the compensation owed to the Plaintiffs for the losses incurred as a result
of the Defendants' breach of the sale agreement, which may encompass both damages and
costs.
d. Extend any additional relief deemed pertinent by this Hon’ble Court in pursuit of justice
and equity.
10. The balance of convenience lies in favor of the Plaintiffs as they have fulfilled all their
obligations under the sale agreement and have suffered losses due to the Defendants' breach.
Granting interim orders in favor of the Plaintiffs would ensure that justice is served and that the
Plaintiffs are adequately compensated for the damages incurred. Additionally, enforcing the
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terms of the sale agreement would prevent any further delay or prejudice to the Plaintiffs' rights
as the legal owners of the property.
11. Furthermore, the Plaintiffs express their unwavering commitment to abide by any subsequent
directives issued by this Hon’ble Court with regards to this application.

DECLARATION

The applicant above named hereby solemnly declare that nothing material has been concealed or
suppressed and further declare that the enclosures and typed set of material papers relied upon and
filed herewith are true copies of the originals or fair reproduction of the originals or true translation
thereof.

Verified at Dandeli dated on 1st of this day of March, 2024.

Sd/-

Counsel for Applicant Applicant

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6. CAVEAT

IN THE HIGH COURT OF KARNATAKA AT BANGALORE


Caveat Petition No.________2018

BETWEEN:
Mr. R. Vijay Raghavan
S/o. Mr. A.N. Raghunath
Aged about 34 years,
Residing at No. 20/2, Sai Nivas,
Pillyar Koil Street, Ashok Nagar,
Bangalore - 560 025 ...CAVEATOR

AND:
Smt. S. Brinda
D/o. Mr. D. Shanmugham
Aged about 30 years,
Residing at No. 238 1* Stage, 4" Cross,
6* Main, Thyagamarga, Siddartha Layout
Mysore - 570011 …RESPONDENT

CAVEAT PETITION UNDER SECTION 148-A OF THE CODE OF CIVIL


PROCEDURE CODE

The Caveator above named humbly begs to submit as follows:


1. That for the purposes of service of notices, summons, process etc., to be issued from this
Hon’ble Court, the address of the Caveator is as stated in the above cause title and the Caveator
may also be served through his Counsel, Sri. Sathish C., Advocates, 17/1, Malleshwaram, 3"*
Cross, Bangalore- 03.
2. That the address of the Respondent for the purpose of service of notice etc., to be issued from
this hon’ble Count is sufficiently stated in the cause title here in above.

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3. That the Caveator had filed a petition for divorce under Section 13(1) (ia) and (iii) of the Hindu
Marriage Act, 1955 in M.C. No.1242/2013 before the Family Court, Bengaluru against the
Respondent herein.
4. The said petition has been allowed in favour of the Caveator and divorce granted vide a
Judgement and Decree dated 31.07.2018.
5. The Caveator apprehends that the Respondent herein may approach this Hon'ble Court by filing
a Miscellaneous First Appeal against the said Order along with seeking of Interim Prayer/s on
false and frivolous grounds. The Respondent does not have a case on merits and is also likely to
move this Hon'ble Court for ex-parte interim order/s by suppressing facts, by way of interim
prayers, and obtain ex-parte order/s, without the Caveator having an opportunity of being heard.
Hence this Caveat Petition.
6. That a copy of this Petition is sent by Registered post with acknowledgement due to the
Respondent and postal receipt is produced herewith.

WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased to Order issuance of Notice/
Summons to the Caveator herein and give him an opportunity of being heard in the matter before
passing any order/s, in the interest of Justice and equity.

Place: Bangalore
Date: __/08/2018
SATHISH C
ADVOCATE FOR CAVEATOR
(KAR/1790/16)

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7. ORIGINAL PETITION

IN THE KARNATAKA HIGH COURT AT BENGALURU


CIVIL ORIGINAL PETITION NO. _____/ 2023

IN THE MATTER OF

Mr. Rajesh Kumar


S/o Mr. Manoj Kumar
Flat No. 202, Lakeview Apartments,
Richmond Road,
Bengaluru, Karnataka

VERSUS
Mr. Vinay Sharma
S/o Mr. Anil Sharma
House No. 15, Sunshine Colony, Koramangala,
Bengaluru, Karnataka, India

PETITION FOR COMPENSATION UNDER MOTOR VEHICLES ACT, 2019

The humble petition of the petitioner above-named,

MOST RESPECTFULLY SHEWETH:


1. That the petitioner, Mr. Rajesh Kumar, is a law-abiding citizen of India, residing at Flat No.
202, Lakeview Apartments, Richmond Road, Bengaluru, Karnataka.
2. That the respondent, Mr. Vinay Sharma, is the owner of a motor vehicle bearing registration
number KA05MJ2030 and residing at House No. 15, Sunshine Colony, Koramangala,
Bengaluru, Karnataka.
3. That the cause of action arose on 4th March, 2023 when the petitioner was traveling on Brigade
Road, Bengaluru, and the respondent's vehicle, a red Honda Civic sedan, negligently collided
with the petitioner's vehicle, a white Maruti Suzuki Swift, resulting in severe injuries and
damages to the petitioner.
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4. That as a result of the aforementioned accident, the petitioner sustained grievous injuries
including multiple fractures, head trauma, and internal bleeding, which have caused immense
physical and mental trauma, resulting in loss of income, medical expenses, and emotional
distress.
5. That the respondent, being the owner of the motor vehicle involved in the accident, is liable
under the provisions of the Motor Vehicles Act, 2019, for the damages caused to the petitioner
due to negligence.
6. That the petitioner, in pursuance of justice and fair compensation for the injuries and losses
suffered, claims a total compensation amount of INR 10,00,000 (Indian Rupees Ten Lakhs)
from the respondent.
7. That the petitioner, in the interest of justice, seeks the intervention of this Honorable Court to
adjudicate upon the matter and award appropriate compensation to the petitioner.
8. That the petitioner undertakes to abide by any orders or directions that this Honorable Court
may deem fit to pass in the interest of justice.

PRAYER:
In view of the above premises, it is most respectfully prayed that this Honorable Court may
graciously be pleased to:
(a) Issue summons to the respondent to appear and answer the allegations made herein;
(b) Award compensation to the petitioner in the sum of INR 10,00,000 (Indian Rupees Ten Lakhs);
(c) Grant any other relief or reliefs as this Honorable Court deems fit and proper in the
circumstances of the case;
(d) Pass any other order or orders as this Honorable Court may deem fit and proper in the facts and
circumstances of the case;
(e) Allow the petitioner the costs of this petition; and
(f) Grant any other relief or reliefs to which the petitioner may be found justly entitled.

Place: Bengaluru
Date: __________
SHRI. RAMMOHAN DAS
ADVOCATE OF PETITIONER

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VERIFICATION
I, Mr. Rajesh Kumar, the petitioner above-named, do hereby solemnly affirm and declare that the
contents of the above petition are true and correct to my knowledge and belief, and nothing material
has been concealed therein.

Place: _______
Date: _______
MR. RAJESH KUMAR
PEITIONER

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8. CIVIL APPEAL

IN THE HIGH COURT OF KARNATAKA , BENGALURU


R.F.A NO. 831 OF 2013
DATE: _________
BETWEEN
1. Smt. BK Padmavathi and Ors. …APPELLANTS

AND
1. Sri. B K. Ganesh and Ors. …RESPONDENTS

REGULAR FIRST APPEAL UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF
THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED
06/01/2009 PASSED BY THE FIRST ADD. CITY CIVIL AND SESSIONS JUDGE,
BENGALURU.

RESPECTFULLY SHOWETH:
1. The present appeal arises from the suit in O.S.No.7651/1999 instituted by (1) Smt. B.K.
Padmavathi; (2) Smt. B.K. Nagalaxmi; (3) Smt. B.K. Gayathri; (4) Smt. B.K. Subbalaxmi; and
(5) Mr. Tejaswi Raghu before the learned First Additional City Civil and Sessions Judge,
Bangalore City. The plaintiffs sought partition and separate possession of specific properties.
2. The plaintiffs, being the daughters of late Sri B.R. Krishnamurthy Rao, asserted their right to a
1/8th share in all schedule properties, which included both immovable residential properties and
movable assets.
3. The defendants, who are siblings of the plaintiffs and sons of late Sri B.R. Krishnamurthy Rao,
contested the suit. The defendants challenged the claims made by the plaintiffs regarding the
entitlement to a share in the properties.
4. Despite the recognition of the rights of partition in relation to certain properties by the trial
court, there remained unresolved issues regarding the existence and ownership of specific
properties. Notably, the trial court failed to adequately address the status of Item No.2 of the 'A'
schedule property and all items listed in the 'B' schedule.
5. The defendants raised questions concerning the applicability of Section 23 of the Hindu
Succession Act, 1956. This section pertains to the rights of married daughters to claim a share
Page 23
in the ancestral property, particularly in cases where the property in question is a dwelling
house.
6. The proceedings before the trial court culminated in a judgment and decree dated 06/01/2009,
wherein certain aspects of the partition suit were addressed, but crucial matters pertaining to
specific properties and legal provisions remained unresolved.

GROUNDS:
1. The trial court's oversight in thoroughly examining the existence and ownership of certain
properties has left crucial aspects of the case unresolved, leading to an incomplete adjudication.
2. The failure of the trial court to fully address the applicability of Section 23 of the Hindu
Succession Act, 1956, has left a gap in determining the rights of the parties, requiring further
scrutiny by the appellate court.
3. Contrary to the evidence on record, the plaintiffs have provided substantial evidence supporting
their claims, highlighting the discrepancy between the trial court's judgment and the factual
evidence presented.
4. The trial court's oversight in considering crucial documents and amendments sought by the
plaintiffs has resulted in an incomplete adjudication of the matter, necessitating a more
comprehensive review by the appellate court.

PRAYER
In light of the foregoing, it is respectfully prayed that this Hon'ble Court may be pleased to:
1. Set aside the judgment and decree dated 06/01/2009 passed in O.S.NO.7651/1999 by the
learned First Additional City Civil and Sessions Judge, Bangalore City.
2. Remand the matter to the trial court for a thorough examination of the existence and ownership
of the disputed properties, particularly Item No.2 of 'A' schedule property and all items in 'B'
schedule, in accordance with the evidence on record.
3. Provide a comprehensive determination on the applicability of Section 23 of the Hindu
Succession Act, 1956, and its implications on the rights of the parties involved.
4. Grant any other relief or remedy that this Hon'ble Court deems fit and just in the circumstances.

DATE: ________ ADVOCATE


PLACE: ________ COUNSEL FOR THE APPELLANT

Page 24
9. CIVIL REVISION
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
(MEMORANDUM OF CIVIL REVISION PETITION UNDER SECTION 115 OF THE
CODE OF CIVIL PROCEDURE, 1908)
IN THE COURT OF THE PRINCIPAL CIVIL JUDGE (SENIOR DIVISION).
BANGALORE RURAL: AT BANGALORE
R.A. No. 9/1999
IN THE HIGH COURT OF KARNATAKA AT BANGALGRE
CRP No. ____/2003
BETWEEN:
Sri. Anand Surana,
Aged 34 years, S/o. G.C. Surana,
No. 403, 'A' Wing, Queens Corner,
Apartment No. 3, Queens Road,
Bangalore - 560 001 …RESPONDENT PETITIONER

AND
Sri. M. Narayanappa,
S/o. late Munivenkatappa, Aged about 68 years,
R/a. No. 618, Vokkaligara Beedhi,
Yelahanka Town - 560 063
Bangalore North Taluk …APPELLANT RESPONDENT

MEMORANDUM OF CIVIL REVISION PETITION UNDER SECTION 115 OF THE


CODE OF CIVIL PROCEDURE, 1908

The Petitioner begs to submit as under:-


1. The address of the petitioner for service of notice etc. from this Hon’ble Court is as stated in the
cause title and the address of the respondent for issue of notice etc., from this Hon'ble Court is
as stated in the cause title.
2. The petitioner being highly aggrieved by the order dated 4-7-2003, on the application I.A. U/
Order 26 Rule 9 of the Code of Civil Procedure, in R.A. No. 9/1999 by the Principal Civil

Page 25
Judge, (Sr. Division), Bangalore Rural at Bangalore, has preferred this Revision Petition on the
following among other grounds.
3. The petitioner acquired 4 acres of agricultural land in Sy.No. 76, Chikkajala Village, Jala Hobli,
Bangalore North Taluk, via a registered sale deed dated 30-11-1989 from the respondent. All
pertinent revenue records have been transferred to the petitioner's name, and taxes are regularly
paid to the village Panchayat. Enjoying peaceful possession, the petitioner exercises full
ownership rights since the date of purchase.
4. The respondent initiated O.S. No. 392/1994 before the Civil Judge, Jr. Division at Devanahalli,
seeking declaration, possession, and mandatory injunction against the petitioner. A temporary
injunction application was filed but rejected by the trial court. In response, the respondent filed
Miscellaneous Appeal R.A. No. 136/1995 before the Principal Civil Judge, Bangalore Rural
District. The appellate court, after hearing both parties, dismissed the appeal on 25-6-1996,
upholding the trial court's decision.
5. The respondent, dissatisfied with the dismissal of the Misc. Appeal, filed CRP No. 3202/1996,
subsequently dismissed by this Hon'ble Court. The original suit was dismissed on 20-11-1998,
leading the respondent to file R.A. No.9/1999. Despite the dismissal of their temporary
injunction application on 29-3-2000, the respondent persisted. As the appeal awaited judgment,
the respondent filed for a survey under Order 26 Rule 9 of CPC, contested by the petitioner. The
boundaries were already established through evidence in trial and upheld by appellate courts
and this Hon'ble Court.
6. In the circumstances, instead of dismissing the said application, has allowed and ordered for the
survey by the surveyor from the Department of Survey and Settlement. The said order being
highly illegal and the trial court having committed material irregularity, the petitioner having no
other alternative, has preferred this Revision Petition.

GROUNDS
7. The impugned order is highly illegal, the court has committed an jurisdictional error and is
perverse.
8. The Court below has grossly erred in allowing the said interim application without considering
the facts and circumstances of the case.
9. The 1st appellate Court has failed to take into consideration, the earlier orders passed in R.A.
136/1995 & CRP 3202/1996 by this Hon'ble Court on the application of the respondent filed
under order XXXIX Rule 1 & 2 and thus the court below has committed a material illegality.
Page 26
10. The 1st Appellate Court has failed to take note that the respondent has not filed such application
during the pendency of the suit and for the first time, after lapse of 20 years, has filed the said
application. The said application ought to have been rejected on the grounds of delay and
latches.
11. Despite the parties' clear evidence and documentation establishing boundaries and property
identity, which were presented and marked as exhibits, the first appellate court neglected this
crucial information in its decision, resulting in a legally flawed order.
12. The first appellate court has erred in allowing the application as the said survey would lead to
adduce the evidence for the second time, which is impermissible under law.
13. The trial court had raised a specific issue in respect of the boundaries and title of the respondent
to the Schedule property and the trial court has held that the respondent has failed to prove the
boundaries and schedule of the property and has dismissed the suit. But the first appellate court
has given a different reason and allowed the said application, which is illegal, arbitrary and
irregular.
14. The first appellate court vide the impugned order has directed the court commissioner to
measure the land, which is not at all in dispute between the parties as such the said order is
vitiated and the first appellate court has erred in its jurisdiction.
15. The order of the Court below is unsustainable when viewed from any angle and deserves to be
set aside, by allowing this revision.
16. The value of the subject matter of the above Revision Petition for the purpose of Court fee and
jurisdiction is more than Rs. 10.000/- and hence the Court fee of Rs. 20/-is paid herewith as per
under Article 11(g)(iii) Schedule It of the Karnataka Court Fees and Suits Valuation Act.

WHEREFORE, the petitioner most humbly prays that this Hon'ble Court be pleased to call for the
records in RA. No. 9/1999, peruse the same and set aside the impugned order dated 4-7-2003 on the
interlocutory application filed by the respondent herein under Order 26 Rule 9 of the Code of Civil
Procedure, pending on the file of the 1st appellate court (Principle Civi Judge, (Sr. Division),
Bangalore Rural, Bangalore), with costs throughout, in the interest of justice and equity.

Place: Bangalore
Date: 3-12-2003
ADVOCATE FOR THE PETITIONER

Page 27
10. EXECUTION PETITION

IN THE COURT OF THE CIVIL JUDGE (SR. DN) BANGALORE RURAL


DISTRICT AT BANGALORE
EXECUTION NO. ____/2023
IN O.S NO. ____/2023

BETWEEEN:
Ms Meena Gupta,
D/o. Mr Ramlal Gupta, Aged about 30 years,
Bangalore, Karnataka- 560076 …DECREE HOLDER

AND:
Ram Babu Sharma,
S/o. Vinod Babu Sharma, Aged about 49 years,
Bangalore, Karnataka- 560024 …JUDGMENT DEBTOR

The Decree holder prays for the execution of the decree/order, the particulars whereof are
stated in the columns hereunder:

1. No of Suit ______/2023
2. Name of Parties 1. Ms Meena Gupta, Decree Holder
2. Ram Babu Sharma, Judgment Debtor
3. Date of Decree/order of which ____/2023
execution is sought
4. Whether an appeal was filed No
against the decree / order under
execution
5. Whether any payment has been None
received towards satisfaction of
decree-order

Page 28
6. Whether any application was made No
previous to this and if so their
dates and results
7. Amount of suit alongwith interest 1. Principal Amount: Rs10,00,000/-
as per decree or any other relief 2. Interest—
granted by the decree a) Interest @ 20% P.A. till date of the
decree passed- Rs 3,50,000/-
b) Interest @ 20% P.A. till date of
payment from the date the court
passed the decree Rs.16,000.
8. Amount of costs if allowed by Rs. 25,000/-
Court
9. Against whom execution is sought Against the Judgment debtor that is Ram Babu
Sharma.
10 In what manner court’s assistance is To direct the judgment debtor to pay the amount as
. sought directed by the court in its decree or grant to the
decree holder to sell the movable property of the
defendant in order to recover the amount.

The decree holder humbly prays that:


1. When attachment as the sale of movable property is sought: I pray that the total amount of
Rs. 3,91,000 (three lakhs ninety-one thousand) (together with interest on the principal sum up to
date of payment) and the costs of taking out this execution, be realised by attachment and sale
of defendant's movable property as per annexed list and paid to me.
2. When attachment and sale of immovable property are sought: I pray that the total amount of Rs
10,00,000 (rupees ten lakhs)(together with interest on the principal sum up to date of payment)
and the costs of taking out this execution be realised by the attachment and sale of defendant's
immovable property specified at the foot of this application and paid to me.

MS. MEENA GUPTA


DECREE HOLDER

Page 29
VERIFICATION
I, Meena Gupta D/o. Mr Ramlal Gupta, Aged about 30 years, R/o. Bengaluru,
Karnataka- 560076 declare that what is stated in the above description is true to the best of my
knowledge and belief, and so far as I have been able to ascertain the interest of the defendant in the
property therein specified.

Place: Bangalore
Dated: __/__/2023

MS. MEENA GUPTA


DECREE HOLDER

Page 30
11. WRIT PETITION (CIVIL)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE


(ORIGINAL JURISDICTION)
W.P. No. _____/ 2017

BETWEEN
1. Ms. X
Aged 34 Years
Residing at: Guliga Ajja Kall Karkera Garden
Near Janatha Kendra, Bolar
Mangalore, Dakshin Kannada District,
Karnataka- 575001 …PETITIONER

AND
1. The State of Karnataka
Department of Law,
Ground Floor, Vidhana Soudha,
Bangalore 560001
(Through the Principal Secretary)
2. The Health Officer/Registrar of Birth & Death Certificate
Mangaluru City Corporation,
M.G Road, Lalbaug
Mangaluru, Karnataka … RESPONDENT

MEMORANDUM OF WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION


OF INDIA

The petiitoner submits as follows:

1. The petitioner, a transgender individual, challenges Section 15 of The Registration of Births and
Deaths Act, 1969, and Rule 11 of the Karnataka Registration of Births and Deaths Rules, 1999,
for not allowing changes to birth certificates based on voluntary gender and name alterations.
Page 31
This violates constitutional rights. The petitioner also challenges the inaction of the authorities
in issuing a new birth certificate reflecting the petitioner's changed identity.
2. The petitioner, referred to as "Ms. X" for privacy reasons, brings this petition. Ms. X, born male
as Bharath Raj on 06/04/1983, is a male-to-female transgender individual.
3. Ms. X belongs to the Backward Class Billava Community, recognized by the Government of
India. Ms. X completed her education and holds certificates from Karnataka Secondary
Education Examination Board and St. Aloysius PU College, Mangalore.
4. The petitioner's birth certificate still reflects the name Bharath Raj and male gender.
5. Ms. X has undergone sex reassignment surgery and psychological evaluations, transitioning to
female. Legal documents, including Aadhaar card, passport, PAN, and driving license, reflect
Ms. X's female identity.
6. Despite legal documents reflecting her current identity, Ms. X's birth certificate remains
unchanged, causing inconvenience and potential discrimination. Ms. X seeks to change her
birth certificate to align with her current identity to avoid harassment and discrimination.
7. Requests to the authorities for the change have gone unanswered. The Registration of Births
and Deaths Act, 1969, and related rules are restrictive, not allowing changes based on gender
identity. Karnataka's rules allow corrections in birth certificates only for specific errors. The
Law Commission of Karnataka recommends amending the Act to allow changes in name and
gender identity. Ms. X's inability to obtain a corrected birth certificate hinders her plans to
marry abroad.
8. Since the 2nd Respondent hasn't provided a new birth certificate reflecting the petitioner's name
and gender change, despite requests, and because there's no other effective solution available,
the petitioner has filed this writ petition in this Court. This is the first petition filed by the
petitioner on this matter.

GROUNDS
1. The Respondents' failure to allow the petitioner to change her name and gender identity under
Section 15 of the Act and Rule 12 (4) of the Rules violates her constitutional rights to life and
liberty under Article 21.
2. A previous case in the Hon’ble High Court of Gujarat ,Mulla Faizal @ Fazilabanu Suleman
Ibrahim Vs. State of Gujarat & Ors. 2000, allowed a similar change of entry, indicating the need
for a broader interpretation of the law.

Page 32
3. The Hon’ble Supreme Court in NALSA Judgment recognized individuals' right to self-identify
their gender, emphasizing the importance of changing official documents to reflect one's true
identity.
4. Discrimination faced by transgender persons, as recognized by the Hon’ble Supreme Court, is
exacerbated by the refusal to issue a new birth certificate, violating Article 14 of the
Constitution.
5. Discrimination based on gender identity violates Articles 15 and 16 of the Constitution, as
affirmed by the Hon’ble Supreme Court.
6. The right to privacy, as recognized by the Hon’ble Supreme Court, is infringed upon by the
restrictive language of the Act and the Respondents' inaction.
7. The refusal to acknowledge the petitioner's gender identity violates her fundamental right to
self-identification, as directed by the Hon’ble Supreme Court. Previous court decisions,
including those in the Madras High Court, support the petitioner's right to change her name and
gender on official documents.
8. International jurisprudence supports the petitioner's right to change her name and gender on
official documents. The UK's Gender Recognition Act provides a model for legal recognition of
gender identity.
9. Therefore, by denying the petitioner the ability to change her name and gender on her birth
certificate, her fundamental rights to dignity and gender identity under Articles 19 and 21 of the
Constitution are violated, as acknowledged by the Hon’ble Supreme Court in NALSA.
Additionally, the Respondents are required to uphold these constitutional and fundamental
rights and adhere to the directives of the courts.

PRAYER
WHEREFORE, in light of the above facts and circumstances, and owing to the urgency of the
case of the Petitioner, the Petitioner most respectfully prays that this Hon’ble Court be pleased
to:
A. Declare that Section 15 of the Registration of Births & Deaths Act, 1969 and Rule 11 (4)
of the Karnataka Registration of Births and Deaths Rules, 1999 be read down so as to
include all voluntary changes to name and gender identity in one’s birth certificate;
B. Issue a writ in the nature of mandamus directing the Respondent No.2 to issue to the
Petitioner a new Birth certificate reflecting her current name and gender identity; and

Page 33
C. Grant any other relief, which the Hon’ble Court deems fit in the circumstances of the
case in the interests of justice and equity.

Place: Bangalore COUNSEL FOR PETITIONER


Date: JAYNA KOTHARI

Page 34
SL. NO. DOCUMENT
CRIMINAL PLEADINGS
12. Criminal Complaint
13. Criminal Revision
14. Criminal Appeal
15. Bail Petition
16. Anticipatory Bail Petition
17. Criminal Miscellaneous Petition
18. Writ Petition (Criminal)
12. CRIMINAL COMPLAINT

IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS,


BENGALURU, KARNATAKA
Criminal Complaint No._____/2011

Shri. Damodar Das


age 35 years,
resident of 100ft road, 3rd block
Bangalore, Karnataka- 560034 …COMPLAINANT

Versus
Shri. Brijesh Singh
age 56 years,
Shri. Rajesh Singh
age 25 years,
both residents of Ulsoor, 2nd Block
Bangalore, Karnataka- 560063 …ACCUSED

A CRIMINAL COMPLAINT UNDER SECTIONS 323, 324, 504 & 506 R/W SEC. 34 OF
THE INDIAN PENAL CODE
The complainant above-named submits this complaint, praying to state as follows:
1. That the complainant is a resident of the within mentioned address, and the said house property is
owned by the accused No. 1 and let out to this complainant as a monthly tenant.
2. That the complainant is a Government servant, peace-lover and law- abiding citizen.
3. That in the month of October, 2010 the accused No. 1 called upon this complainant to vacate the
said premises within a week or so.
4. That since this complainant did not vacate the said premises, the accused No. 1 then again in
November, 2010, the son of the accused No. 1, i.e. the accused No. 2, came to the complainant
and threatened him of the dire consequences if the complainant were to fail or avoid vacating the
said premises before the end of 2010.
5. That the complainant submits that he did not vacate the said premises, and he was not legally
bound to do so.
6. That then, on 7th December, 2010, at 6.30 p.m., when this complainant had been returning from
his office to his residence, while he was entering the said premises, both the accused accosted the
complainant and started abusing him in a dirty and filthy language, and even though the
complainant tried to convince and tell them that what they were doing was all illegal, both the
accused attacked the complainant and gave him a number of blows with fists and lastly the
accused No. 2 gave a severe blow with a cudgel/staff/ stick in his hand on the forehead of this
complainant and thereby caused a serious injury to the complainant, and the complainant had
also become unconscious.
7. That when the people staying in the neighbourhood gathered there, the accused stopped beating
and they both went away, announcing and pronouncing a threat that if the Complainant were to
fail to vacate the said premises within a couple of days, he would be killed, and hence, this
complaint.
8. That the cause of action for this complaint first arose on 7th December, 2010 and the same has
since then been every day thereafter, and hence, this complaint filed today is well within
limitation.
9. That the offence has been committed within the local limits of the jurisdiction of this Court, and
hence, this Hon'ble Court has jurisdiction to try and decide this complaint.
10.That the necessary court-fee is paid herewith.
11.That the complainant, therefore, prays that the accused be kindly charged with and tried for the
offence punishable u/ss 323, 324, 504 and 506 R/W Sec. 34 of the Indian Penal Code and
punished according to law.

Place:
Date: COMPLAINANT

VERIFICATION
I, Shri Damodar Das, the present complainant, do hereby state on solemn affirmation that the
contents of this complaint in paras 1 to 11 are true and correct to the best of my knowledge and
belief, and so I have signed hereunder.

Place:
Date:
COMPLAINANT
13. CRIMINAL REVISION
IN THE HIGH COURT OF KARNATAKA, BENGALURU
Criminal Revision Petition No. 219/1985

IN THE MATTER OF
Shri. Anjanappa …APPELLANT

VERSUS
State of Karnataka and Another …RESPONDENT

REVISION PETITION UNDER SECTION 397 OF THE CRIMINAL PROCEDURE CODE,


1973
MOST RESPECTFULLY SHOWETH:

1. The petitioner, Anjanappa, is the son of Gidda Hanumanthappa and resides in Barageri Colony
on Davangere Road within the limits of the City of Chitradurga. On 4-6-1984, a case was
registered against the petitioner by the Circle Inspector of Police, Chitradurga Circle, under
Section 56(d) of the Karnataka Police Act, 1963. The complaint alleged that the petitioner was
enticing members of the public to engage in Mataka gambling, an activity deemed unlawful
under the Act, with the aim of gaining illicit profits.
2. The complaint detailed the petitioner's history of involvement in similar offenses, including
convictions in three previous cases under Section 78(3) of the Act. Despite these convictions, the
petitioner allegedly persisted in his unlawful activities, prompting the Circle Inspector of Police
to request the Sub-Divisional Magistrate, Chitradurga, to initiate externment proceedings against
him.
3. Upon receiving the complaint, the Sub-Divisional Magistrate issued a notice to the petitioner,
directing him to appear and provide an explanation for why he should not be externed from the
Chitradurga District. The petitioner submitted objections, and after hearing arguments from both
sides, the Sub-Divisional Magistrate issued an order on 9-4-1985, directing the petitioner to
remove himself from the Chitradurga District for a period of six months.
4. The petitioner is dissatisfied with the order and hence has approached the Honourable High
Court by filing this revision Petition.
GROUNDS
1. The petitioner contends that the Sub-Divisional Magistrate, Chitradurga Sub-Division, is an
inferior Criminal Court within the meaning of Section 397(1) of the Code and is amenable to the
revisional jurisdiction of the High Court.
2. The petitioner argues that the Sub-Divisional Magistrate, Chitradurga Sub-Division, is duly
empowered by the Government to pass orders under Section 56 of the Act, and thus, is not a
persona designata but presides over a court exercising jurisdiction under the Code.
3. The petitioner asserts that the bar under Section 401(4) of the Code does not apply in this case as
the order under challenge is passed under Section 56 of the Act, and not under the Code.
Furthermore, the petitioner submits that the High Court has discretionary power to entertain
revision petitions in exceptional cases, as established by precedent.
4. The petitioner contends that the order of externment is not based on sufficient grounds as there is
no reasonable belief that the petitioner was likely to engage in the commission of the offense
under Section 78(3) of the Act. The lapse of time between previous convictions and the proposal
for externment indicates a lack of current activity warranting externment.

In light of the above grounds, the petitioner prays that this Hon'ble Court may be pleased to:
a. Set aside the order dated 9-4-1985 made by the Sub-Divisional Magistrate, Chitradurga Sub-
Division, in MAG. CR 7(D)/1984-85.
b. Grant any other relief as deemed fit and just by this Hon'ble Court.

Place: _______
Date: _______
PETITIONER

VERIFICATION
I, Anjanappa, the petitioner above named state and declare on solemn affirmation that whatever
stated herein above is true and correct tot he best of my knowledge and belief.

Place:
Date:
PETITIONER
14. CRIMINAL APPEAL

IN THE HIGH COURT OF KARNATAKA AT BENGALURU


CRIMINAL APPEAL NO. 894/2019

BETWEEEN
Sri. H.M Rudrakumar
S/O D. Maheshwarappa
Banashankari Nilaya, Gandhinagara
Bengaluru0 560009 …APPELLANT

AND
Smt. Gowramma H.R
W/O H.M Rudrakumar
No. 5 Kalleshwara Krupa
12th Cross, NPS, Shivapura
Bengaluru— 560073 …RESPONDENT

CRIMINAL APPEAL UNDER SECTION 341 OF THE CRIMINAL PROCEDURE CODE


PRAYING TO SET ASIDE THE ORDER PASSED IN CRL.P No. 8789/2017 DATED
09/04/2019
MOST RESPECTFULLY SHOWETH
1. The appellant filed a complaint in P.C.R.No.7063/2017 on the file of the 45th Additional Chief
Metropolitan Magistrate Court, Bengaluru. The said complaint was referred to the police for
investigation under Section 156(3) of Cr.P.C.
2. A case was registered by the Peenya Police against accused/respondents No.1 to 14 in Crime
No.358/2017 for various offences under the Indian Penal Code, 1860.
3. Accused/respondents No.1 to 14 preferred Criminal Petition No.8789/2017 under Section 482 of
Cr.P.C before the High Court, seeking to quash the proceedings in P.C.R.No.7063/2017.
4. The appellant was respondent No.2 in the said criminal petition. He filed I.A.No.1/2019 under
Section 340 of Cr.P.C, seeking an enquiry into false averments made in the petition.
5. Subsequently, the accused/respondents sought to withdraw the petition after the charge sheet was
filed. The High Court dismissed Criminal Petition No.8789/2017 on 09.04.2019, reserving
liberty to both parties to urge their contentions in another criminal petition.
6. Aggrieved by the said order, the present appeal has been preferred.
7. The appellant submits the following grounds for consideration—
a) The application I.A.No.1/2019 filed under Section 340 of Cr.P.C by the appellant was still
pending at the time of disposal of the criminal petition. The failure to consider this
application before disposal is a grave procedural irregularity.
b) The impugned order is appealable under Section 341 of Cr.P.C before the High Court. The
contention raised by the appellant regarding the maintainability of the appeal is valid and
should be considered.
c) The appellant relies on legal precedents such as M.S. Sheriff and another vs. State of
Madras and others (AIR 1954 SC 397), Pritish vs. State of Maharashtra and Others
((2002)1 SCC 253), and Tarulata Mondal vs. State of West Bengal and Others (2013
CRI.L.J.3882) to support his arguments.
8. In light of the above, the appellant prays for the following reliefs—
a) Set aside the order dated 09.04.2019 passed in Crl.P.No.8789/2017.
b) Order an enquiry under Section 195 (1) (b) (i) of Cr.P.C. in respect of the application filed
by the appellant under Section 340 of Cr.P.C.
c) Grant any other relief that this Hon’ble Court deems fit and just in the circumstances.
9. The appellant undertakes to abide by any conditions that may be imposed by this Hon’ble Court
in connection with this appeal.

Place:
Date:

ADVOCATE FOR THE APPELLANT


15. BAIL PETITION

IN THE HIGH COURT OF KARNATAKA, AT BENGALURU


CRIMINAL PETITION No. 6286/2020

IN THE MATTER OF

ALUKA SANDRA OREWA @ BENNY …PETITIONER

VERSUS
STATE OF KARNATAKA …RESPONDENT

BAIL PETITION UNDER SECTION 436 OF THE CRIMINAL PROCEDURE CODE FOR
THE OFFENCES UNDER SECTION 66C AND SECTION 66D OF THE INFORMATION
TECHNOLOGY ACT, 2000

MOST RESPECTFULLY SHOWETH


1. The prosecution case in brief is that the respondent police initially registered an FIR in
Cr.No.49/2020 under Sections 66C and 66D of the Information Technology Act (I.T Act) and
Section 420 of the Indian Penal Code (IPC). However, the charge sheet only invoked the offences
punishable under Sections 66(C) and 66(D) of the I.T Act.
2. The petitioner, stands accused of allegedly withdrawing an amount of Rs.90,000/- from the bank
account of the first informant using a forged ATM card and skimming device on February 25,
2020. The petitioner, a foreign national residing in Bengaluru on a student visa, has been
cooperative with the investigation. The police have confiscated her passport and visa, ensuring
she remains available for the investigation.
3. The petitioner's counsel argues that the offences under the I.T Act are bailable, and the contents
of the FIR do not constitute an offence under Section 420 of the IPC. The allegations against the
petitioner primarily revolve around the misuse of technology, which should be addressed under
the provisions of the I.T Act. Furthermore, the petitioner is ready to cooperate with the
investigation, and her continued detention serves no purpose, especially considering the stringent
conditions that can be imposed upon her release.
4. While the government pleader contends that the petitioner is involved in multiple cases of similar
nature, it's important to note that the petitioner has only been arrested in connection with four
cases, out of the purported 60. Additionally, the petitioner has been granted bail in two cases,
indicating her cooperation with the legal proceedings.
5. In light of the above, it is respectfully prayed that this Honorable Court may be pleased to:
a) Grant bail to the petitioner, [Petitioner's Name], in Cr.No. 49/2020.
b) Impose stringent conditions upon the petitioner's release, as deemed fit by this Honorable
Court.
6. The petitioner undertakes to abide by all conditions imposed by this Honorable Court and to
cooperate fully with the ongoing investigation.

Place: ______
Date: ______

ADVOCATE ON BEHALF OF THE PETITIONER


16. ANTICIPATORY BAIL PETITION

MEMORANDUM OF CRIMINAL ORIGINAL PETITION


IN THE HIGH COURT OF JUDICATURE AT BENGALURU, KARNATAKA
(UNDER SECTION 438 OF Cr.P.C)
Crl.O.P. No. _______/2013
In
FIR No. 110/2018

IN THE MATTER OF
Gopinath, aged 23 years
S/O Murugan …PETITIONER

VERSUS
The State of Karnataka
Represented by its Inspector,
Srirampura Police Station,
Bengaluru- 560109 …RESPONDENT

FIRST APPLICATION UNDER THE SECTION 438 OF CODE OF CRIMINAL


PROCEDURE FOR GRANT OF ANTICIPATORY BAIL; FOR AND ON BEHALF OF
APPLICANT/ ACCUSED NAMELY SRI. GOPINATH

MOST RESPECTFULLY SHOWETH:

The present case FIR was registered on the complaining statement of Victim who stated that
Applicant/Accused used to hit her and touch her inappropriately. True copy of FIR is annexed
herewith and marked as Annexure-A.
THE APPLICANTS/ACCUSED IS SEEKING HIS RELEASE ON BAIL ON THE
FOLLOWING AMONGST OTHER GROUNDS:

a. The Applicant/Accused is a young boy aged merely 23 years, and is currently pursuing his
studies, and is also gainfully employed. The Applicant is a permanent resident of India, residing
at the address as mentioned in the memo of parties since more than two decades. The Applicant
is a law abiding and peace loving citizen of this country, who has never been found of guilty for
violating the law of the land.
b. The Applicant has been falsely implicated in the above noted case by the Victim child at the
instance of some interested persons. The Applicant is a working individual and his working
hours are from 9 AM to 9 PM each day.
c. It is humbly submitted that the family of the victim child comprises of her mother namely
Nalini, who is a widow, one younger brother and one
d. On the day of alleged incident, the victim being alone at home tried to escape from the house to
go to her mother and while trying to escape through the balcony of the house, which is situated
at first floor of the complex, she encountered a fall and sustained injuries in such attempt.
e. The applicant reiterates that he has been falsely and deliberately implicated in the present case,
to which vague and superfluous allegations under POCSO Act have been added to increase the
gravity of the offence.
f. That the impropriety of the allegations is apparent from the fact that such activities have been
alleged to have been committed under the watch of the mother and sister of the victim child.
g. The Applicant apprehends that on the basis of the allegations contained in the said case FIR, the
police authorities are likely to arrest/ detain him. The Applicant is a respectable citizen of this
country and has established reputation in the locality in which he stays.
h. No recovery is to be effected from or at the instance of the Applicant, and therefore, his
custodial interrogation is not necessary. The Applicant undertakes to join investigation as and
when directed by this Hon ble Court and to extend his full cooperation to the police.
i. The victim child along with her sister has been staying at Nirmal Chaya since the registration of
the present case FIR, and therefore, there is no probability of Applicant trying to influence the
witnesses or tampering with evidence.

PRAYER
In the light of the facts enumerated herein above it is respectfully prayed that this Hon'ble Court
may graciously be pleased to:
(a) In the event of arrest of the Applicant, kindly direct the release of the Applicant on anticipatory
bail in Case FIR No. 68/2018 u/s 363,366 IPC, 6,8 POCSO, registered at P.S. Sriramoura Police
Station;
(b) Pass an ad-interim order/direction restraining the arrest of the Applicant in case PIR no. 63/2018
u/s 363,366 IPC; 6,8 POCSO. registered at P.S. Srirampura;
(c) Any other order(s) which this Hon'ble Court may deem fit in the facts and circumstances of the
present case.

APPLICANT/ ACCUSED

Filed by:
Place:
Date:
17. CRIMINAL MISCELLANEOUS PETITION

CRIMINAL MISCELLANEOUS PETITION


IN THE COURT OF SECOND ADDL. JUDICIAL MAGISTRATE OF BENGALURU,
RURAL
Crl. M.P. No. 1026/2020
M.C. No. 756/2019

BETWEEN
Raju Prasad, aged 25 years,
S/O Prakash Prasad,
4th T Block, Jayanagar
Bengaluru- 560004 …PETITIONER

AND

Somnath Singh, Aged 30 years,


S/O Abhinav Singh,
J.P. Nagar 9th Block,
Bengaluru- 560043 …RESPONDENT

PETIION FILED ON BEHALF OF THE PETITIONER UNDER SECTION 482 OF THE


CRIMINAL PROCEDURE CODE, 1973

1. The petitioner submits that he filed the above miscellaneous petition for grant of compensation
for criminal defamation against the respondent seeking a sum of Rs.20000.
2. The Honourable Court, after due contest, by order dated 10.10.2019 granted compensation to the
petitioner directing the respondent to pay a sum of Rs.20000.
3. The petitioner submits that, the respondent has not paid any compensation so far, and these
disobeyed the order of this honourable court.
4. It is therefore prayed that the honourable court may be pleased to commit the respondent to
prison for such time as the law required or till he paid the compensation awarded.
Place:
Date:

COUNSEL FOR THE PETITIONER

VERIFICATION

I, the petitioner, do hereby declare that the facts stated above are true and correct tot he best of my
knowledge, information and belief.

Date:
Place:
PETITIONER
18. WRIT PETITION (CRIMINAL)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU


WRIT PETITION No.9152 OF 2022 (GM-RES)

BETWEEN:
SRI SHAKTHIVELU
S/O NARASIMHAN
AGED ABOUT 28 YEARS,
No.1109/3, 47TH CROSS, 9TH MAIN ROAD
JAYANAGAR 5TH BLOCK
BENGALURU - 560 078 ... PETITIONER

AND:
STATE OF KARNATAKA
BY STATION HOUSE OFFICER
J.P.NAGAR POLICE STATION
BENGALURU - 560 001 ... RESPONDENTS

WRIT PETITION UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
READ WITH SECTION 482 OF CR.P.C.

The humble petition of the petitioner above-named:

MOST RESPECTFULLY SHEWETH:


1. The petitioner herein is constrained to approach this Hon'ble Court seeking relief against the
unwarranted inclusion of Sections 364A and 308 of the Indian Penal Code (IPC) in the FIR
bearing Crime No.50/2022 of J P Nagar Police Station, Bengaluru, as annexed hereto.
2. The present petition is filed under Articles 226 and 227 of the Constitution of India read with
Section 482 of the Code of Criminal Procedure, 1973.
3. The petitioner is aggrieved by the inclusion of Sections 364A and 308 IPC in the FIR, which
lacks substance and is not supported by the facts narrated in the complaint filed by Smt. Neelima
Neelima Rao, the respondent No. 2 herein.
4. The facts leading to the filing of the present petition are briefly narrated as follows:
a. Smt. N. Lakshmi, accused No. 2, lodged a complaint against Smt. Neelima Rao, the present
complainant, in Crime No.49 of 2022 on 02-03-2022.
b. On 05-03-2022, the present complainant registered a separate complaint before the same
Police Station in Crime No.50 of 2022 against the petitioner and several others.
c. The petitioner, being the nephew of the complainant, is falsely implicated in the complaint
alleging grave instances of torture and confinement.
d. Despite the lack of merit in the allegations and the absence of any ingredients constituting
offences under Sections 364A and 308 IPC, the said sections have been included in the FIR,
causing prejudice to the petitioner's legal rights.
5. The petitioner's contention is that a perusal of the complaint does not disclose any commission of
offences under Sections 364A and 308 IPC by the petitioner. Therefore, the inclusion of these
sections is not only unwarranted but also unjust, leading to the denial of bail.
6. The petitioner further submits that the FIR cannot be accepted as an exhaustive catalogue of the
offences alleged, and the inclusion of Sections 364A and 308 IPC is an error apparent on the face
of the record.
7. The petitioner has exhausted all legal remedies available, including seeking anticipatory bail,
which was denied by this Hon'ble Court on 11.04.2022. Hence, the petitioner is left with no
alternative but to seek intervention from this Hon'ble Court to rectify the unjust inclusion of the
aforementioned sections in the FIR.
8. It is pertinent to note that the inclusion of Sections 364A and 308 IPC in the FIR has severely
prejudiced the petitioner's rights and has impeded the due process of law.
9. The petitioner, therefore, prays for the following reliefs:
a) Direct the respondent authorities to scrap/remove Sections 364A and 308 IPC from the FIR
bearing Crime No.50/2022 of J P Nagar Police Station, Bengaluru.
b) Pass any other order or orders as this Hon'ble Court may deem fit and proper in the
circumstances of the case.
c) Grant such other and further reliefs as this Hon'ble Court deems just and proper in the facts
and circumstances of the case.
10.The petitioner undertakes to abide by any conditions or directions that this Hon'ble Court may
deem fit to impose.
11.The petitioner further undertakes to pay the costs, if any, imposed by this Hon'ble Court.
12.The petitioner prays for the expeditious hearing and disposal of this petition in the interest of
justice.

PLACE: Bengaluru
DATE:
PETITIONER

VERIFICATION
I, Sri Shakthivelu, the petitioner herein, do hereby verify that the contents of paragraphs 1 to 12 of
the above petition are true and correct to my knowledge and belief, and no part of it is false, and
nothing material has been concealed therein.

PLACE: Bengaluru
DATE:
PETITIONER
SL. NO. DOCUMENT
CONVEYANCING
19. General Power of Attorney
20. Promissory Note
21. Lease Deed
22. Sale Deed
23. Mortgage Deed
24. Gift Deed
25. Will
26. Partition Deed
27. Partnership Deed
28. Hypothecation
29. Deed of Relinquishment
30. Trust Deed
19. GENERAL POWER OF ATTORNEY

GENERAL POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS, that I, Ms. Priya Rao, residing at 3rd Cross
Jayanagar, Bengaluru, Karnataka- 560043, daughter of Mr. Suhas Rao, do hereby appoint and
authorize Ms. Shreya Singh, residing at #2345, 4th block, J.P. Nagar, Bengaluru, Karnataka-
560020, daughter of Mr. Krishna Singh, as my lawful General Attorney.

WHEREAS I am the absolute owner and possessor of a property measuring 300000Sq.yds situated
at #45, Nappa Valley, Kanakapura Main Road, Bengaluru- 560032, presently known as per the
allotment letter/sale deed ‘Aashna’ dated 20/02/2024 (hereinafter referred to as the “Property”).

WHEREAS, due to my inability to personally attend to the management of the said property, I
hereby empower my aforementioned attorney to undertake the following actions, deeds, and
responsibilities concerning the said property on my behalf:

1. To manage and oversee all aspects of the said property and to represent me before any relevant
authority.
2. To engage in correspondence with any pertinent authority regarding the transfer/sale of the
aforementioned property to any other individual(s) and to take possession of the property from
them.
3. To settle any dues, demands, or obligations to any department concerning the said property on
my behalf.
4. To enter into a sale agreement with potential buyers, receive earnest money, and issue receipts for
the same under their own signature.
5. To oversee the execution and registration of the sale deed upon receipt of the full consideration
amount, whether in Cash, Cheque, Demand Draft, or Pay Order, either in their own name or in
mine.
6. To apply for and obtain an Income Tax Clearance Certificate (ITCC) from the relevant authority
if necessary, under their own signature.
7. And generally, to undertake any other acts, deeds, or responsibilities not specifically outlined
herein, which shall be considered as actions executed by me if I were present.
I hereby agree to confirm and ratify that all actions, deeds, and responsibilities carried out by my
aforementioned attorney shall be deemed as though executed by me personally, were I present.

IN WITNESS WHEREOF, I have signed this General Power of Attorney on this 26th day of
February, 2024, in the presence of the undersigned witnesses:

[Signature of Executant / Executants]

WITNESSES:

1. WITNESS
___________

2. WITNESS
___________
20. PROMISSORY NOTE

AMOUNT: Rs. 30,00,000/- DATE: 26/02/2024


PLACE: Bengaluru, Karnataka

I, Mr. Rahul Khanna make the commitment to pay Mr. Prathap Singh, the sum of Rs. 30,00,000/-
(Rupees thirty lakhs only). The repayment is to be made in the form of 200 (two hundred) equal
payments at the interest rate of 7.2% payment on the 13th of each month beginning 13th March,
2024 until the total amount of debt is paid.

IN WITNESS WHEREOF, I set my hand under seal this 26th day of February, 2024, and I
acknowledge receipt of a completed copy of this instrument.

_____________
Signature of the borrower
NOTARY PUBLIC SEAL
Rahul Khanna
#345 3rd Block Jayanagar,
Bengaluru- 560032
21. LEASE DEED

LEASE DEED

This Lease Deed ("Deed") is made and entered into on this 23rd February, 2024, by and between:

Mr. Krishna Oberoi, an individual residing in India, having its registered office at #3022 2nd
Stage Banashankari, Bengaluru, Karnataka- 560070. (hereinafter referred to as the "Landlord"),

AND

United Insurance Co. Ltd. an entity incorporated under the laws of India, having its registered
office at #450 3rd block Ulsoor, Near Ulsoor Lake, Bengaluru, Karnataka- 560034 (hereinafter
referred to as the "Tenant").

WHEREAS, the Landlord is the lawful owner of the property located at #201 Shrirampura,
Bengaluru, Karnataka- 560029 (hereinafter referred to as the "Property"), as described as under
attached hereto and made a part hereof;

AND WHEREAS, the Tenant desires to lease the Property from the Landlord for the purpose of
operating a retail store, and the Landlord agrees to lease the Property to the Tenant, subject to the
terms and conditions contained herein;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:

1. DEFINITION
a. "Commencement Date" shall mean the date on which the Tenant takes possession of the
Property.
b. "Lease Term" shall mean the period commencing on the Commencement Date and ending on
3rd October, 2028.
c. "Rent" shall mean the monthly rent payable by the Tenant to the Landlord as specified in Clause
3 of this Deed.
d. "Security Deposit" shall mean the amount specified in Clause 4, paid by the Tenant to the
Landlord as security for the faithful performance of the terms and conditions of this Deed.
e. "Utilities" shall mean all costs associated with electricity, water, gas, and any other utility
services used by the Tenant during the Lease Term.

2. LEASE OF PROPERTY
The Landlord hereby leases the Property to the Tenant, and the Tenant hereby leases the Property
from the Landlord, for the Lease Term and upon the terms and conditions contained herein.

3. RENT
The Tenant shall pay to the Landlord a monthly rent of Rs. 1,25,000/- (Rupees one lakh and
twenty five thousand only) (“Rent”). The Rent shall be payable in advance on or before the 10th
day of each month during the Lease Term.

4. SECURITY DEPOSIT
Upon the execution of this Deed, the Tenant shall deposit with the Landlord a sum of Rs.
10,00,000/- (Rupees ten lakhs only)("Security Deposit"). The Security Deposit shall be held by the
Landlord as security for the faithful performance by the Tenant of all terms and conditions of this
Deed.

5. USE OF THE PROPERTY


The Tenant shall use the Property solely for the purpose of operating a retail store and shall not
use the Property for any unlawful or prohibited purpose.

6. MAINTENANCE AND REPAIRS


During the Lease Term, the Tenant shall be responsible for the maintenance and repair of the
Property, including but not limited to, routine repairs, maintenance of utilities, and cleanliness of
the Property.

7. TERMINATION
This Lease shall terminate automatically upon the expiry of the Lease Term. Either party may
terminate this Lease upon giving 30 days' prior written notice to the other party.
8. GOVERNING LAW
This Deed shall be governed by and construed in accordance with the laws of Karnataka, India.

IN WITNESS WHEREOF, the parties hereto have executed this Deed on the day and year first
above written.

[Signature of Landlord] [Signature of Tenant]

WITNESS:
[Signature of Witness]
22. SALE DEED
SALE DEED

This Deed of Sale (‘THE DEED’) was made and executed at Bengaluru on 25th February, 2024
(‘Effective date’).

BY AND BETWEEN

Mr. Chirag Gutpa s/o Mr. Sanjay Gupta aged 35 years, residing at Shrirampura, Bengaluru,
Karnataka. (Hereinafter referred to as the ‘SELLER’).

AND

Mr. Ajay Shankar s/o Mr. Krishna Shankar aged 29 years, residing at Krishna layout, Bengaluru,
Karnataka. (Hereinafter referred to as the ‘PURCHASER’).

The Seller, and the Purchaser shall be individually referred to as a “Party” and collectively referred
to as the “Parties”.

I. RECITALS
WHEREAS
1. The Seller here in is the sole and absolute owner of the immovable property (‘Structure’) being
the structure on the land owned by the purchaser located at Banashakari, 2nd Stage, Bengaluru
with a built up area of 10,000 sq ft.,
2. The Purchaser has expressed a desire to purchase the Structure from the Seller, and the Seller is
willing to sell the Structure to the Purchaser, subject to the terms and conditions set forth in this
Deed;
3. The Seller and Purchaser have agreed upon the total consideration for the sale of the Structure,
and the Purchaser has agreed to make payment to the Seller in the manner set forth herein;
4. The parties intend to effectuate the transfer of ownership of the Structure from the Seller to the
Purchaser in accordance with the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Seller and purchaser agree as follows:

II. DESCRIPTION OF THE STRUCTURE


1. Type of Property: Modern Villa, residential house property
2. Address of Property: No. 24, Serene Street, Banashankari 2nd Stage, Bangalore, Karnataka
3. Area and Dimensions of property: The property spans across a 10,000 square feet plot with a
generous frontage of 80 feet and depth of 125 feet.
4. Construction material Used: The villa is constructed using a blend of locally sourced red bricks,
reclaimed teak wood beams, and eco-friendly bamboo accents, giving it a unique and sustainable
charm.
5. What the structure incudes: All fixtures, fittings, and improvements attached thereto, as well as
any appurtenances belonging to the Structure mentioned in Annexure-B.

III. DEFINITIONS
1. “Structure” refers to the residential house property, more particularly described in Section II of
this Sale Deed, including all fixtures, fittings, and improvements attached thereto and all items
listed under Annexure-B.
2. “Property” refers to the land parcel on which the Structure is situated.
3. “Consideration” shall mean the amount of money that the purchaser is willing to pay in order to
obtain the title of the structure.
4. “Effective Date” refers to the date on which this Sale Deed becomes legally binding upon both
parties, which is the date of execution by the Seller.
5. “Closing” refers to the completion of the sale transaction, where the Seller transfers ownership
of the Structure to the Purchaser, and the Purchaser makes the agreed-upon payment to the
Seller.

1V. CONSIDERTATION
1. In consideration of the sum of [amount in words and numerals] (hereinafter referred to as the
'Consideration'), paid by the Purchaser to the Seller, the receipt and sufficiency of which is
hereby acknowledged, the Seller hereby sells, transfers, conveys, and delivers to the Purchaser,
and the Purchaser hereby purchases from the Seller, the residential house property.
2. TO HAVE AND TO HOLD the said property unto the Purchaser, together with all appurtenances
thereto. The Purchaser covenants and agrees to pay the Consideration to the Seller in the manner
and at the times specified in this Deed under Annexure-A.
3. The consideration is to be paid as per the Payment terms given under Annexure- A.
4. The total Consideration mentioned in the Consideration Clause of this Deed shall be paid by the
Purchaser to the Seller in the following manner:
a) The Purchaser shall pay an earnest money deposit of Rs. 4,00,00,000/- (Rupees Four Crores
only) to the Seller upon the execution of the sale deed dated 25th February, 2024, which is
acknowledged by the Seller. This amount shall be deducted from the total Consideration.
b) The balance amount of the Consideration of Rs. 12,00,00,000/- (Rupees twelve crores only),
after deducting the earnest money, shall be paid by the Purchaser to the Seller on or before
the completion of the sale transaction. The payment shall be made through any payment
method, such as bank transfer, certified cheque, or any other legally recognised method.
c) The Seller agrees to provide a valid receipt or acknowledgment for each payment received.
d) In the event of any delay or default in payment by the Purchaser, the Seller reserves the right
to take legal action or enforce any remedies available under law to recover the outstanding
amount.

V. REPRESENTATION AND WARRANTIES


1. The seller in the said deed represents and warrants to the purchaser that—
e) The Seller represents and warrants that they are the legal owner of the structure and have the
full right, title, and authority to sell the structure.
f) The seller represents and warrants the production all bills, equipments and any other
document that the purchaser needs as and when the purchaser requires.
g) The Seller represents that, as of the date of this Deed, the structure complies with all
applicable laws, zoning regulations, and building codes.
h) If a breach of representation is discovered within the specified period, the Seller shall
remedy the breach or compensate the Purchaser for any damages incurred as a result.

VI. DELIVERY AND CLOSING


1. Upon the terms and subject to the conditions set forth herein, the consummation of the purchase
and sale of the structure (the “Closing”) shall be held simultaneous with the execution of this
Deed.
2. The Closing shall take place at the residence of the seller by the exchange of all necessary
documents including a duly executed deed conveying the structure to the Purchaser in the form
reasonably acceptable to the Purchaser and a certificate of title or title insurance policy showing
good and marketable title to the structure in favour of the Purchaser, subject only to the
exceptions expressly provided in this Deed.
3. At the Closing, the Purchaser shall deliver to the Seller the balance of the Consideration as
specified in the Manner of Payment Clause of this Deed and any additional documents or
instruments required to be delivered by the Purchaser under this Deed.
4. The Possession of the structure shall be delivered to the Purchaser on the Closing Date. The risk
of loss shall pass to the Purchaser upon delivery of possession.

VII. CONDITIONS OF SALE


1. The seller shall sell the structure on the following conditions—
e) The sale is contingent upon the Purchaser's satisfaction with the structural condition of the
building. The Purchaser shall have the right to conduct a professional structural inspection at
their own expense within 15 days from the effective date of this Deed.
f) The sale is contingent upon the Seller providing a clear and marketable title to the structure.
The Seller shall deliver a title commitment or title insurance policy indicating clear title,
subject only to standard exceptions, within 7 days from the effective date of this Deed.
g) The sale is contingent upon the Purchaser's confirmation that the structure complies with all
zoning regulations and building permits. The Seller shall provide all relevant documentation
regarding zoning and permits within 30 days from the effective date of this Deed.
h) The Seller shall disclose any existing leases, Deeds, or encumbrances related to the structure.
The sale is contingent upon the Purchaser's approval of such arrangements.
i) The Seller shall ensure that all utilities and services necessary for the proper functioning of
the structure are in good working order at the time of closing to the best of his knowledge.
j) The closing of the sale shall take place on or before 1st April, 2024. The Seller shall provide
possession of the structure to the Purchaser on the closing date.
k) The Seller shall be responsible for any property taxes and assessments up to the closing date.
The Purchaser shall assume responsibility for taxes and assessments from the closing date
onward.
l) The Seller shall maintain insurance coverage on the structure until the closing date. The
Purchaser shall obtain insurance coverage effective from the closing date.
m)In the event of a default by either party, the non-defaulting party shall be entitled to pursue
legal remedies, including specific performance or damages, as permitted by law.

VIII. ARBITRATION
1. If any dispute or differences arise between the parties hereto regarding the claim by one party
against the other or regarding the implementation of this Deed or interpretation or meaning of any
of the clauses herein, it shall be referred to the arbitral tribunal as per the Karnataka Arbitration and
Conciliation Centre Rules, 2012. The seat of the arbitration shall be located at Bengaluru,
Karnataka and the dispute shall be taken up by a sole arbitrator.

IN WITNESS WHEREOF the SELLER and the PURCHASER, the Parties, have executed this
Sale deed as of the date first written above.

__________________________ __________________________
SELLER PURCHASER

WITNESSES:
1. _________________

2. _________________
23. MORTGAGE DEED
MORTGAGE DEED

This Deed of Mortgage made at Bangalore this 27th day of February, 2024.

BETWEEN

Rajesh Kumar, son of Amit Kumar, resident of Indiranagar, Bangalore, hereinafter called the
‘mortgagor’ of the ONE PART

AND

Surya Prakash, son of Ravi Prakash, resident of Koramangala, Bangalore, hereinafter called the
‘mortgagee’ of the OTHER PART.

WHEREAS the mortgagor is absolutely seized and possessed of or otherwise well and sufficiently
entitled to the house bearing municipal number BLR-5678, situated on Brigade Road,
Indiranagar, Bangalore, more particularly described in the Schedule hereunder written;

AND WHEREAS the mortgagor has requested the mortgagee to lend him a sum of Rs. 50,00,000/-
(Rupees Fifty Lakhs only), which the mortgagee has agreed upon the mortgagor mortgaging his
property.

NOW THIS DEED WITNESSETH THAT in pursuance of the said agreement and in consideration
of the sum of Rs. 50,00,000/- (Rupees Fifty Lakhs only) at or before the execution of these presents
paid by the mortgagee to the mortgagor (the receipt whereof, the mortgagor doth hereby admit and
acknowledge and of and from the same hereby release and discharge the mortgagee), the mortgagor
hereby covenants with the mortgagee that he will pay on the 26th day of February, 2030 (hereinafter
called "the said date"), the said sum of Rs. 50,00,000/- (Rupees Fifty Lakhs only) with interest @
8% per annum from the date of these presents till the repayment of the said sum in full, every
quarter, the first instalment of interest to be paid on the 26th day of May, 2024, and each subsequent
instalment on the 26th day of August, November, February, and May of each succeeding year
until the said sum is repaid in full.
AND THIS DEED FURTHER WITNESSETH THAT in consideration aforesaid, the mortgagor
doth hereby transfer by way of mortgage his house bearing municipal number BLR-5678, situated
on Brigade Road, Indiranagar, Bangalore, and more particularly described in the Schedule
hereunder written as security for repayment of the said sum with interest @ 8% per annum with the
condition that the mortgagor, his heirs, executors, administrators, or assigns shall on the said date
pay to the mortgagee, his heirs, executors, administrators, or assigns the said sum of Rs. 50,00,000/-
(Rupees Fifty Lakhs only) together with interest thereon at the rate mentioned above, and the
mortgagee, his heirs, executors, administrators, or assigns shall at any time thereafter upon the
request and at the cost of the mortgagor, his heirs, executors, administrators, or assigns reconvey the
said house, hereinbefore expressed to be mortgaged unto or to the use of the mortgagor, his heirs,
executors, administrators, or assigns or as he or they shall direct.

AND IT IS HEREBY AGREED AND DECLARED that if the mortgagor does not pay the said
mortgage amount with interest when shall become due and payable under these presents, the
mortgagee shall be entitled to sell the said house through any competent court and to realize and
receive the said mortgage amount and interest out of the sale proceeds of the house.

AND IT IS FURTHER AGREED AND DECLARED by the mortgagor that during the period, the
mortgage amount is not paid and the said house remains as security for the mortgage amount, the
mortgagor shall insure the said house and take out an insurance policy in the joint names of the
mortgagor and mortgagee and continue the said policy in full force and effect by paying a premium,
and in case of default by the mortgagor to insure or to keep the insurance policy in full force and
effect, the mortgagee can insure the said house, and the premium paid by the mortgagee will be
added to the mortgage amount if not paid by the mortgagor on demand.

AND IT IS FURTHER AGREED THAT the mortgagor can grant a lease of the said house with the
consent of the mortgagee in writing.

AND IT IS FURTHER AGREED BY THE MORTGAGOR that he shall bear stamp duty,
registration charges, and other out-of-pocket expenses for the execution and registration of this deed
and re-conveyance deed but, however, each party will bear the cost and professional charges of his
Solicitor/Advocate.
IN WITNESS WHEREOF the parties have put their hands the day and year first hereunder
written.

Signed and delivered by Rajesh Kumar the within-named mortgagor

Signed and delivered by Surya Prakash the within-named mortgagee

WITNESSES;

1. ___________
2. ___________
24. GIFT DEED
GIFT DEED

THIS DEED OF GIFT is made at Bangalore on this 27th day of February, 2024, BETWEEN

Shri. Arjun Rao aged about 55 years, son of Shri. Mohan Rao, Occupation Businessman, Hindu,
Indian National, resident of 12A, High Street, Indiranagar, Bangalore - 560038 hereinafter referred
to as “THE DONOR”, OF THE ONE PART;

AND

Shri. Ramesh Kumar aged about 30 years, son of Shri. Anand Kumar, Occupation Software
Engineer, Hindu, Indian National, resident of 25, Silk Board Junction, BTM Layout, Bangalore -
560076 hereinafter referred to as “THE DONEE”, OF THE SECOND PART.

AND WHEREAS, the Donor is the legal, lawful, and absolute owner and in possession of the plot
of land bearing New City Survey No. PTS 567, admeasuring 500 square meters, situated at Silk
Board Junction, BTM Layout, Bangalore.

AND WHEREAS the Donee is the nephew of the Donor and the said Donor has great love and
affection for the said Donee and is desirous out of such natural love and affection, of disposing of
by way of Gift the said plot of land bearing New City Survey No. PTS 567, admeasuring 500
square meters, situated at Silk Board Junction, BTM Layout, Bangalore, in favor of the said Donee
in the manner hereinafter appearing and which is more particularly described in the Schedule
written herein.

NOW THIS DEED OF GIFT WITNESSES AS FOLLOWS:


1. That in pursuance of the said intention and desire and in consideration of natural love and
affection which the said Donor has for the said Donee, the said Donor out of his own free will,
without fraud, coercion, or undue influence from anybody whomsoever, and in good senses,
Does hereby give, convey, grant, transfer, and confirm unto the said Donee, his share in the
immovable property being plot of land bearing New City Survey No. PTS 567, admeasuring 500
square meters, situated at Silk Board Junction, BTM Layout, Bangalore, which is more
particularly described in the schedule hereunder written TO HAVE AND TO HOLD the said
property hereby gifted unto and to the use of the said Donee forever and absolutely.
2. The Donor do hereby covenant with the donee as follows:-
a. THAT the said portion of property hereby gifted is free from encumbrances, charges, or onus.
b. THAT in view of the present gift the donee is the owner of the said property described in the
SCHEDULE herein underwritten.
c. THAT the donee shall and may from time to time and at all times hereafter peaceably and
quietly enter upon, have, hold, occupy, possess, and enjoy the said property hereby gifted and
receive and take the rent, issues, and profits thereof and of every part thereof, without any let
or hindrance whatsoever from or by the said Donor or by any person or persons claiming
from, under, or in trust of him.
d. The Donor has, on the day of execution of this Gift Deed, handed over the actual and physical
and vacant possession of the said property hereby gifted, to the Donee and the Donee have
accepted the same today.
e. THAT the donee shall pay the taxes, cesses, fees henceforth pertaining to the said property
gifted hereto as levied by Government / Panchayat / Municipality.
f. THAT the donor has not received any notice for acquisition of this property or part thereof,
hereby gifted from the Government and there is no case or proceedings pending in any court
of Law or Competent Authority.

SCHEDULE OF THE PROPERTY

“All that piece and parcel of the plot of land bearing New City Survey No. PTS 567, ad measuring
500 square meters, situated at Silk Board Junction, BTM Layout, Bangalore, within the Bangalore
Municipal Corporation area, within Registration Sub District Bangalore, District Bangalore and it is
bounded as under:-
On the EAST : By Main Road; measuring 30 ft.
On the WEST : By Commercial Complex; measuring 70ft, 6 inches.
On the NORTH : By Residential Building; measuring 30 ft.
On the SOUTH : By Vacant Land.” Measuring 30ft.

IN WITNESS WHEREOF, the Donor and the Donee, have hereunto set and subscribed their
respective hands on the day, month, and year herein above written.
SIGNED AND DELIVERED by the within named SHRI. Arjun Rao, The Donor
___________

SIGNED AND DELIVERED by the within named SHRI. Ramesh Kumar, The Donee
___________

In the presence of witnesses


1. _________
2. _________
25. WILL
WILL

I, Shri Arvind Kumar, son of Shri Rajesh Kumar, a resident of 123, Oak Street, Indiranagar,
Bangalore, by religion Hindu, born on 15th May 1970, do hereby revoke all my previous Wills and
declare that this is my last Will, which I make on this 27th day of February, 2024.

I declare that I am writing this will out of my free volition and without any coercion or undue
influence whatsoever.

I appoint Shri Anil Sharma, son of Shri Ramesh Sharma, resident of 456, Maple Avenue,
Koramangala, Bangalore, to be the executor of this Will. In a case where Shri Anil Sharma were to
predecease me, then Shri Sunil Desai will be the executor of this Will.

Any liability owed by me, and the executor fees and probation expenses shall be paid from my bank
account no. 789456321 at State Bank of India, 789, MG Road, Bangalore. In case the fund is
insufficient, then the income from the property located at 456, Pine Street, Whitefield, Bangalore,
should be used. In case there is any surplus amount, then the surplus amount should be donated to a
charitable trust, Bangalore Cares Trust, for the purpose of providing education to underprivileged
children.

I bequeath the following assets to my Wife Smt. Meera Arvind—


1. My house located at 123, Oak Street, Indiranagar, Bangalore.
2. Bank balance of my savings account no. 1234567890 with HDFC Bank, 456, Brigade Road,
Bangalore.
3. The proceeds of my Term insurance policy no. 987654321 from LIC India.
4. Any other asset not mentioned in this Will but of which I am the owner.

I bequeath the following assets to my son Rohan Kumar (in case he is a minor, Smt. Nisha
Sharma, his legal guardian, shall be responsible for the welfare of the following assets until he
is of legal age) of Shri Arvind Kumar—
1. Residential Plot no. 789, located at 789, Palm Avenue, Electronic City, Bangalore.
2. My car with registration no. KA03 AB 4567.
3. My mutual fund investments with folio numbers MF123456789.

I bequeath the following assets, irrespective of her marital status, to my daughter Smt. Priya
Kumar—
1. My Bank fixed deposits in HDFC Bank, bearing FD receipt nos. FD987654321 and
FD876543210.
2. The contents of bank locker no. LK98765, with HDFC Bank, 456, Brigade Road, Bangalore.
3. My Shares, Share Certificate No. SH456789 of Infosys Ltd., Electronics City, Bangalore.

All the above assets are owned by me. No one else has rights to these properties.

Signature of Testator: Shri. Arvind Kumar

Witnesses:
We hereby attest that this Will has been signed by Shri Arvind Kumar as his last Will at 123, Oak
Street, Indiranagar, Bangalore, in the joint presence of himself and us. The testator is in sound mind
and made this Will without any coercion.

Signature of Witness (1): _______


Address: ________

Signature of Witness (2): _______


Address: ________
26. PARTITION DEED
PARTITION DEED

THIS DEED OF PARTITION made at Bangalore this 25th day of February, 2024.

BETWEEN
(1) Sri. Ashok Kumar, S/o. Ramesh Kumar, Age 45 years, Occupation Engineer, Residing at 456,
Orchid Street, Jayanagar, Bangalore.
hereinafter referred to as the Party of the First Part;

(2) Sri. Rajesh Gupta, S/o. Anil Gupta, Age 42 years, Occupation Businessman, Residing at 789,
Maple Avenue, Koramangala, Bangalore.
hereinafter referred to as the Party of the Second Part;

AND
(3) Sri. Prakash Singh, S/o. Vikram Singh, Age 48 years, Occupation Doctor, Residing at 123, Rose
Lane, Indiranagar, Bangalore.
hereinafter referred to as the Party of the Third Part.

WHEREAS;
1. a) The parties hereto are the members and coparceners of their joint and undivided Hindu Family
and as such own immovable properties consisting of land and building thereon and situated at
various locations in Bangalore, more particularly described in Schedule "A" hereunder written,
and each of the parties hereto is entitled to share in the Schedule "A" property.
b) Parties to this partition have thrown their properties described in Schedule "A" into the
common hatch pot and declared themselves as these properties belong to the Joint Family
property.
2. The parties desire to effect a partition of the said properties between themselves as they no longer
desire to continue as members and coparceners of their joint family property and desire to be
separate in food, worship, and estate.
3. The parties have agreed that the said Schedule "A" properties will be divided and partitioned in
such a way that namely;
a. The property described in the said First Schedule shall be allotted and belong to the Party
of the First Part exclusively,
b. The property described in the said Second Schedule shall be allotted and belong to the
Party of the Second Part exclusively, and
c. The property described in the said Third Schedule shall be allotted and belong to the Party
of the Third Part exclusively.
4. The parties hereto have proposed to effect and record the said partition in the manner following:

NOW THIS DEED WITNESSETH AS FOLLOWS:


1. The parties have agreed that the said Schedule "A" properties will be divided and partitioned in
such a way that namely;
(a) The property described in the said First Schedule shall be allotted and belong to the Party of
the First Part exclusively,
(b) The property described in the said Second Schedule shall be allotted and belong to the Party
of the Second Part exclusively, and
(c) The property described in the said Third Schedule shall be allotted and belong to the Party of
the Third Part exclusively.
2. In consideration aforesaid, each of the parties hereto grants and releases all his/her undivided
share, right, title, and interest in the property allotted to the other of them as aforesaid so as to
constitute each party the sole and absolute owner of the property allotted to him/her freed and
discharged from all rights, title, interest, claims, and demands of the other party hereto or
concerning the same but subject to the payment of all taxes, rates, dues, and duties and assessment
payable to the Government or Municipal Corporation or any other public body in respect thereof.
3. Each party covenants with the other that he/she has not done any act deed or thing whereby or by
means whereof he/she is prevented from conveying and releasing the property to the other in the
manner aforesaid.
4. Each party also covenants with the other that each party will execute and get registered, if
necessary, any deed, assurance, or other document which may be required for fuller and more
perfectly and effectually assuring the property, allotted to the other but at the cost and expenses of
the other.
5. Each party hereto further covenants with the other that the latter will hereafter hold and stand
possessed of the property allotted to him/her quietly and peacefully and enjoy the rents and profits
thereof without any suit, interruption, claim, or demand by the covenanting party, his/her heirs,
executors, administrators, and assigns or any person claiming under him/her.
6. The original of the deed of partition will remain in the custody of the Party of the First Part, and
the duplicate copy hereof will remain in the custody of the Party of the Other Part.
7. And it is further agreed and declared that the title deeds relating to the properties and which are
common to both of them and which are set out in the Schedule hereunder written shall remain with
the Party of the First Part who has agreed to give a covenant for production in favor of the Party of
the Second Part.

SCHEDULE "A"
(Details of Undivided properties belongs to Joint Family)
Sl. No. Description of the Property Property standing in the name of
1 Plot No. 567, Maple Street, Jayanagar, Bangalore Ashok Kumar
2 Plot No. 789, Orchid Avenue, Koramangala, Bangalore Rajesh Gupta
3 Plot No. 123, Rose Lane, Indiranagar, Bangalore Prakash Singh

FIRST SCHEDULE
(Property allotted to the share of Sri. Ashok Kumar)
Plot No. 567, Maple Street, Jayanagar, Bangalore

SECOND SCHEDULE
(Property allotted to the share of Sri. Rajesh Gupta)
Plot No. 789, Orchid Avenue, Koramangala, Bangalore

THIRD SCHEDULE
(Property allotted to the share of Sri. Prakash Singh)
Plot No. 123, Rose Lane, Indiranagar, Bangalore

WITNESS:
1. ________
2. ________
27. PARTNERSHIP DEED

PARTNERSHIP DEED

Date: 25th February 2024


Place: Bangalore, Karnataka, India

BETWEEN
(1) Mr. Arvind Kumar, S/o. Ram Prakash, Age 40 years, residing at 123, Oak Street, Jayanagar,
Bangalore, Karnataka, India.
A citizen of India. (Herein after referred to as the "1st Party" which expression shall, unless
excluded by or repugnant to the context be deemed to mean and include its administrators and
permitted assigns).

AND
(2) Mr. Rahul Sharma, S/o. Ramesh Sharma, Age 38 years, residing at 456, Maple Avenue,
Koramangala, Bangalore, Karnataka, India.
A citizen of India. (herein after referred to as the "2nd Party" which expression shall, unless
excluded by or repugnant to the context be deemed to mean and include its administrators and
permitted assigns).

AND
(3) Mr. Sanjay Patel, S/o. Mahesh Patel, Age 42 years, residing at 789, Rose Lane, Indiranagar,
Bangalore, Karnataka, India.
By faith Hindu, a citizen of India. (herein after referred to as the "3rd Party" which expression
shall, unless excluded by or repugnant to the context be deemed to mean and include its
administrators and permitted assigns).

WHEREAS: all the above said three parties (the "Partners") have decided to enter into a Partnership
through this Deed of Partnership.
WHEREAS: the partners have decided to reduce the terms & conditions of their Partnership into
writing as appearing hereinafter.
NOW THIS DEED OF PARTNERSHIP WITNESSES AS FOLLOWS:

NAME & PLACE OF THE BUSINESS OF THE FIRM:


That the name of the partnership firm shall be "Tech Innovators" having its office at 321, Silicon
Valley, Electronic City, Bangalore, Karnataka, India. However the partners shall be at liberty to
change or alter the registered office or carry on the business at any other place or places as may be
decided between the partners from time to time.

TENURE:
The firm shall remain in existence and any dissolution shall not take effect till the time all the
Partners of the Firm after mutual consent pass a resolution to this effect.

MANAGING PARTNER:
Mr. Arvind Kumar shall be the managing partner and authorized by the other partners to perform
daily affairs of the Firm and to do all the acts, deeds, and things or such other tasks as deemed fit by
him on behalf of the Firm and in the beneficial interest of the Firm unless expressly barred.

POWERS/DUTIES/RESPONSIBILITIES OF THE MANAGING PARTNER:


The power and duties of the managing Partner, which shall be exercised at his sole discretion
without any consent (written / verbally) from the remaining partners shall include but not be limited
to the following which excludes only the banking-related matters—
1. Obtaining of the Registration Certificate from the Registrar of Firm.
2. Obtaining the Statutory approvals/Licenses/ Registration of logo of Firm.
3. Authorizing anybody to do the liaisoning with concerned Government Department.
4. Opening of the bank Account in any scheduled licensed bank by RBI.
5. To convert this partnership Firm into LLP or Pvt. Ltd. or Ltd. Company as and when required.
6. To appoint a consultant for the respective field for taxation or legal purposes as the need may
arise.
7. Managing the day to day tasks of the Firm.
8. To sue, file and institute any case on behalf of the Firm and defend any claim, court case or
proceedings filed against the Firm including issuing of Vakalatnama/letter of Authority to the
lawyers named herein below, filing any affidavits, written statement, applications, petitions, suits,
complaints, review, revision, appeal, compromise, agreement, deed agreement and etc.
BANKER/ BANK ACCOUNT:
Bank account(s) of the Firm Shall be opened in the name of the Firm with any scheduled bank(s)
with the signature of all the partners i.e. "Arvind Kumar" on behalf of the firm. The firm shall open
a bank account in any nationalized bank as mutually agreed between the partners.

AUTHORIZED SIGNATORIES:
That, the bank account shall be operated by all the partners jointly and except otherwise the
Managing Partners shall maintain the day to day affairs as mentioned in the clause no.8.

CAPITAL/INVESTMENT:
The capital required for the business of the partnership shall be contributed by the partners as per
their convenience as and when funds are in need which includes addition and or further investment
as required from time to time.

PROFIT/LOSS SHARING RATIO:


The profit loss of the partnership shall be shared/borne by the partners as follows;
1. Mr. Arvind Kumar - 40%
2. Mr. Rahul Sharma - 30%
3. Mr. Sanjay Patel - 30%

ADDITION OF PARTNER:
No person shall be admitted as a partner without the written consent of all partners.

RETIREMENT/RESIGNATION:
The partners shall have the option/right to resign/retire from the partnership and in the event the
number of partners falls below two the partnership shall be deemed to have been dissolved and the
assets of the Firm shall be distributed in terms of clause 23 herein below.

JOINING OF NEW PARTNER:


The firm may decide to task in any new investor/partner after he/she /it remits the requisite funds as
per the Firm’s requirement and in the intervening period simple interest will be payable by the Firm
on the investment/deposits made by such new investor as per the existing saving bank account rate
of interest of nationalized bank or otherwise as amicably settled.
ADDITIONAL CAPITAL:
Any further or additional payments towards capital made by either partner shall be added to the
book of accounts against the share of the concerned partners and shall be adjusted amicably from
time to time.

ACCOUNTS:
The accounts of the Partnership shall be made up at the end of the financial year or at such date
mutually agreed upon between the Partners and shall be kept at the principal place of business. The
assets and liabilities/balance sheet and profit and loss of the Partnership shall be signed by all the
Partners and audited by auditors.

LEGAL ADVISORS:
Mr. Ravi Kumar, Advocate, and his associates shall be the legal advisor of the firm. However, the
partners of the firm in the future having mutual understanding can appoint any other advocate for
any special circumstances.

ARBITRATION:
In the event of any dispute or differences arising between the parties hereto either concerning the
construction, meaning, or effect of this deed or the respective rights and liabilities of the parties
hereto, or their enforcement thereunder, it shall be first settled amicably through discussions
between the parties and if not resolved then otherwise referred to the arbitration of a sole Arbitrator
if agreed upon, failing which to the sole Arbitrator as appointed by the Court in accordance with the
provisions of the Arbitration and Conciliation, Act 1996. The arbitration proceedings shall be
conducted at Bangalore, Karnataka, India.

SEVERABILITY:
This deed constitutes the entire understanding/agreement between the parties taking precedence
over and superseding any prior contemporaneous oral or written understanding unless otherwise
provided herein. This deed cannot be modified, amended, rescinded, or waived, in whole or part
except by a written instrument signed by all the parties to this deed. The invalidity or
unenforceability of any terms or provisions of this deed shall not affect the validity or enforceability
of the remaining terms and provisions of this deed which shall remain in full force and effect.
COVENANTS:
No partner shall without the written consent of all other remaining Partners or resolution of the
Firm passed by the partners—
1. Make any other person/entity a partner with him/her or enter into any contract;
2. Transfer, sell, assign, mortgage or charge his/ her shares and / or interest in the Partnership and /
or in the assets and / or profit of Firm.
3. Compromise or compound or release or discharge any debt due to the Firm;
4. Draw, accept or endorse on behalf of the Firm any bill of exchange and / or promissory note and /
or pledge the credit of the Firm;
5. Enter into any bond or stand bail or surety for any person or knowingly cause or permit anything
whereby the Partnership property may be endangered;
6. Dispose of by loan, pledge, sell, and transfer any moveable/immoveable property of the Firm/
Partnership on behalf of the Firm;
7. Borrow in the name of the Firm.

If any of the partners commit any breach of any of the stipulations contained herein he/she hereby
indemnifies the Firm /all the remaining partners from all damages losses and expenses form such
breach.

DISSOLUTION:
That it is specifically agreed by and between the partners herein that the Firm shall not be dissolved
in the event of the death/insolvency of any one of the Partners, but shall continue with the existing
partners, at least two in number. However, no legal representative or heir of the deceased partner
shall be entitled to become a partner and interfere in the management of the affairs of the Firm/
Partnership.

Only those legal representatives or heirs, who would be duly nominated as per the will (subject to
verification of authenticity/validity of said document) of the deceased partner, shall be entitled to
inspect the account book and the vouchers in support thereof for the purpose of ascertaining his/her
share therein and the profits accruing /due thereon. Such duly nominated legal representative or heir
shall not, however, be liable for any losses incurred after the demise of the partner unless he/she is
taken as a partner in place of the deceased partner immediately on such demise. In the event any of
the Partners dies without leaving any will or nomination, legal heirs of the said Partner would be
entitled to receive the dues of the said Partner as may be payable to him on the date of his death
only after producing an appropriate order to that effect from the Court of appropriate jurisdiction.

That it is agreed between the Partners that in case of retirement/resignation of any partner(s) from
the Firm, the partnership shall not be dissolved but shall continue with the remaining Partners.

REGISTRATION:
The Firm shall be registered pursuant to the Indian Partnership Act, 1932, and the Firm Shall
subsequently apply for the requisite licenses/approvals for conduction of its business to the
appropriate authorities. Any change which may occur in the particulars to be furnished thereunder
shall forthwith be notified to the Registrar of firms in a statement specifying the date and nature of
such change signed by all the partners and /or by the Managing Partner. The emblem/logo of the
Firm shall be printed on the letterheads of the Firm, and the said emblem/logo of the Firm shall be
duly applied for registration as a trademark, to the appropriate authority.

DETERMINATION OF PARTNERSHIP:
On the determination of Partnership for whatever cause, the Partnership shall be wound up, and the
assets, movable as well as immovable, shall be distributed amongst the partners in the manner
mentioned hereinbefore or in any other manner as may mutually be agreed upon between the
Partners all the time of dissolution.

PROVISIONS OF INDIAN PARTNERSHIP ACT, 1932:


For all other matter not specifically mentioned in the partnership deed, the provisions of the Indian
Partnership Act, 1932, as amended from time to time, shall apply.

IN WITNESS WHEREOF, The partners herein have hereunto set their respective signatures on
the day, month, and year first herein above written.

Signatures of Partners
_____________________
28. HYPOTHECATION
DEED OF HYPOTHECATION
(Rs.100 NJ Stamp to be affixed before execution)

THIS DEED OF HYPOTHECATION executed at Bangalore on this the 27th day of February
among:

1. The Silicon Valley DCCB Ltd., Electronic City Branch represented by its Branch Manager Mr.
Rakesh Gupta, S/o Mohan Gupta, aged 45 years, residing at 789, Garden View Apartments,
Electronic City, Bangalore, Karnataka, India, hereinafter called the ‘Bank’.

2. The Government of Karnataka represented by its Agriculture Development Officer, Mr.


Anil Kumar, son of Rajendra Kumar, aged about 50 years, hereinafter called the ‘Government’.

3. Green Field PACS/FPO, represented by its Managing Director Mr. Sunil Patel, aged about
40 years, residing at 456, Orchard Road, Koramangala, Bangalore, Karnataka, India, hereinafter
called the ‘Borrower’.

WHEREAS,
The Borrower has planned to establish a Custom Hiring Centre (CHC) in terms of Government of
Karnataka guidelines and purchased Equipment/Machinery as detailed in schedule 'A' hereunder,
for an amount of Rs. 50,00,000 (Rupees Fifty Lakhs only).

The Borrower has approached the Bank for a loan of Rs. 40,00,000 (Rupees Forty Lakhs only), for
the payment of consideration to the suppliers of schedule 'A' mentioned Assets. The Bank, the
Government and Borrower have agreed that the Bank Loan Amount, the Government Subsidy
Amount of Rs. 5,00,000 and Margin Money of Rs. 5,00,000 towards the value of the schedule 'A'
mentioned Assets, on the condition that the Borrower hypothecates the schedule mentioned asset
jointly in the names of the Bank and Government, as security for the due repayment of the said
loan. The parties have agreed to reduce their agreement to writing.
NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL OBLIGATIONS AND
UNDERTAKINGS CONTAINED HEREIN THIS AGREEMENT WITNESSETH AS
FOLLOWS:

1. The Bank shall pay to the said manufacturer/supplier, on behalf of the Borrower, a sum of Rs.
40,00,000/-, being the Loan Amount plus Margin Money. The Bank shall retain possession of the
original invoice of the said asset till the debt is fully discharged by the Borrower.
2. The Borrower hereby hypothecates and creates a charge on the asset more fully described in the
schedule 'A' hereunder to and jointly in favour of the Bank and Government, as security for the
repayment of the loan with interest.
3. The Borrower hereby undertakes to repay the loan amount within a period of 48 months, in eight
half-yearly instalments commencing from 1st March 2024 along with interest. The Borrower shall
pay interest at the rate of 8.5% on the principal on a half-yearly basis. The Interest and principal are
payable in half-yearly instalments as per schedule - B hereto.
4. If the Borrower defaults in payment of the amount as per schedule-B hereto, then such defaulted
instalment will carry penal interest in addition to the normal interest. If the Borrower fails to pay the
instalment amount together with interest due, within 30 days from the due date, the Bank shall have
the right for seizure of Equipment/Machinery from the Borrower, in addition to demanding payment
of the entire Loan Amount outstanding. Further, after three (3) months of the due date of the 1st
Instalment which is not repaid, the Bank in consultation with the Department Officers, shall take
steps for the sale of the Equipment/Machinery to recover the loan amount, besides taking legal
action, for the recovery of the entire loan amount outstanding.
5. The Borrower shall not remove or take the said asset outside the Village/Mandal without prior
intimation/ permission from the Bank/Government.
6. The Borrower agrees and undertakes to insure the assets against all hazards until the loan is fully
repaid and shall produce the relevant receipts and other documents whenever called upon by the
Bank to do so.

IN WITNESS WHEREOF the parties hereto affixed their signatures on the day, month and
year mentioned hereinabove.

1. For the Silicon Valley DCCB Ltd.,


Branch Manager,
Mr. Rakesh Gupta

2. For Government of Karnataka,


Agriculture Development Officer,
Mr. Anil Kumar

3. For the Green Field PACS/FPO Ltd.,


Managing Director,
Mr. Sunil Patel

WITNESSES
1. ________
Address: ______________________

2. ________
Address: ______________________

SCHEDULE 'A' (Description of the Assets - Equipment/Machinery)


1. Tractor Model: John Deere 5050D
- Serial Number: JD5050D001
- Year of Manufacture: 2023
- Engine Power: 50 HP
- Fuel Type: Diesel
2. Plough Model: Mahindra MB Plough
- Serial Number: MBP2023
- Type: Reversible Plough
- Width: 6 feet
- Number of Furrows: 3
3. Seeder Model: Shaktiman Fertilizer Seed Drill
- Serial Number: SFSD456
- Seed Box Capacity: 200 kg
- Fertilizer Box Capacity: 150 kg
- Working Width: 5 feet
4. Harrow Model: TAFE Mounted Disc Harrow
- Serial Number: MDH789
- Number of Discs: 16
- Disc Diameter: 22 inches
- Working Width: 6 feet
5. Rotavator Model: Kubota L Series Rotavator
- Serial Number: KLR1020
- Working Width: 4 feet
- PTO Speed: 540 rpm
- Number of Blades: 36

SCHEDULE ‘B’ (Description of the payment schedule)

1. The loan amount of Rs. 10,00,000 (Rupees Ten Lakhs only) shall be repaid in eight half-
yearly installments as follows:
- 1st Installment: Rs. 1,50,000 (Rupees One Lakh Fifty Thousand only) due on 1st April 2025
- 2nd Installment: Rs. 1,50,000 (Rupees One Lakh Fifty Thousand only) due on 1st October 2025
- 3rd Installment: Rs. 1,50,000 (Rupees One Lakh Fifty Thousand only) due on 1st April 2026
- 4th Installment: Rs. 1,50,000 (Rupees One Lakh Fifty Thousand only) due on 1st October 2026
- 5th Installment: Rs. 1,50,000 (Rupees One Lakh Fifty Thousand only) due on 1st April 2027
- 6th Installment: Rs. 1,50,000 (Rupees One Lakh Fifty Thousand only) due on 1st October 2027
- 7th Installment: Rs. 1,50,000 (Rupees One Lakh Fifty Thousand only) due on 1st April 2028
- 8th Installment: Rs. 1,50,000 (Rupees One Lakh Fifty Thousand only) due on 1st October 2028
2. Each installment shall include both principal and interest. The interest shall be calculated at the
rate of 8% per annum on the reducing balance method.
3. If any installment is not paid within 30 days from the due date, a penal interest of 2% per month
shall be charged on the outstanding amount until the date of full payment.
4. In case of default in payment of any installment, the Bank reserves the right to seize the
Equipment/Machinery and demand immediate repayment of the entire outstanding loan amount.
5. After three months from the due date of the first installment, if it remains unpaid, the Bank may
proceed with the sale of the Equipment/Machinery to recover the outstanding loan amount.
6. The Borrower shall bear all costs and expenses associated with the sale, including legal fees and
auction expenses.
29. DEED OF RELINQUISHMENT

THE DEED OF RELINQUISHMENT

THIS DEED OF RELINQUISHMENT is made at Bangalore on this 27th day of February, 2024

BETWEEN
Mr. Rajesh Kumar (aged 45 years, son of Mr. Ramesh Kumar, resident of Indiranagar, Bangalore),
hereinafter called the "Releasor" of the ONE PART,
AND
Mr. Anand Sharma (aged 50 years, son of Mr. Mohan Sharma, resident of Koramangala,
Bangalore), hereinafter referred to as the "Releasee" of the OTHER PART.

WHEREAS,
1. My deceased father and my brother Mr. Anand Sharma are joint owners of the immovable
property namely Flat 4, House at 123, Greenlite Apartment, Indiranagar, Bangalore-560001,
purchased jointly in the name of the Releasee and my late father out of love and affection and
regard for the Releasee's father.
2. The Releasee, being a contented man, conscious that the entire funding of the property in
question was done by the Releasee, does not desire to claim any interest or share in the said
property left behind by my late father. The Releasee, therefore, desires to release all his share, right,
title, and interest in the said property fully and completely in favor of the Releasee, enabling the
Releasee to enjoy the said property for himself alone or to deal with it as he likes.

NOW, THIS DEED WITNESSETH that in the premises and out of natural love and affection and
also conscious of the fact that the entire funding for the property was done by the Releasee, though
the property was registered jointly in the name of the Releasor and the father of the Releasee, the
Releasor hereby releases and quits claim to all his share, right, title, interest, claim, and demand in
the said property left behind by the father of the Releasor described in the Schedule hereunder
written unto and in favor of the Releasee to the intent and purposes that the Releasee will be the
sole and absolute owner of the said property, without any let or hindrance from the Releasor or
anybody claiming through or under him.
SCHEDULE OF THE PROPERTY:
Flat/House bearing No. 123, situated at Greenlite Apartment, Indiranagar, Bangalore-560001.
Bounded on the North by Flat No. 124, East by the corridor leading to the elevator, South by the
apartment complex garden, and West by the main road.

IN WITNESS WHEREOF, the Releasor has put his hand the day and year first above written.

(Signature of Releasor)
Mr. Rajesh Kumar
(Address: Indiranagar, Bangalore)

WITNESS:
1. _________
2. _________
30. TRUST DEED

TRUST DEED FOR SHARES

THIS TRUST DEED is made this 27th day of February, 2024, BETWEEN:

(1) Rohan Kumar, of 123, Oak Street, Indiranagar, Bangalore 560038 (“the Trustee”) of the one
part;

AND

(2) Priya Sharma, of 456, Maple Avenue, Koramangala, Bangalore 560095 (“the Beneficiary”) of
the other part.

RECITALS
WHEREAS the Trustee is the registered owner of the shares described in Section # of the Schedule
hereto (“the Said Shares”).
AND WHEREAS the Trustee acknowledges that the Said Shares are beneficially owned by the
Beneficiary.
AND WHEREAS the Parties are desirous of setting out in this Deed the terms of the trust in respect
of the Said Shares.

NOW THIS DEED WITNESSETH as follows:

1. DECLARATION OF TRUST
1.1 The Trustee hereby declares that he holds the Said Shares and all dividends, interest, and
benefits accrued or to accrue upon the same or any of them upon trust for the Beneficiary and his
successors in title and next of kin, and agrees to deal with the Said Shares and transfer and pay the
dividends and interests payable in respect of the Said Shares in such manner as the Beneficiary may
from time to time direct.

2. MEETING AND VOTING RIGHTS


2.1 The Trustee will, at the request of the Beneficiary, attend all meetings of shareholders or
otherwise which he shall be entitled to attend by virtue of being the registered proprietor of the Said
Shares or any of them and will vote at every such meeting of shareholders in such a manner as the
Beneficiary shall have previously directed in writing, or in default of any such direction, at the
discretion of the Trustee. The Trustee shall, if so required by the Beneficiary, execute all proxies or
other documents which shall be necessary or proper to enable the Beneficiary, his personal
representative or assigns or nominees to vote at such meeting in the place of the Trustee in relation
to the Said Shares.

3. TRANSFER OF SHARES TO THIRD PARTY


3.1 The Trustee shall, as and when there shall be any person who is ready and willing to purchase or
receive the Said Shares or any of them, upon being so required or directed by the Beneficiary,
transfer to such person as shall be nominated by the Beneficiary the Said Shares or any of them or
otherwise deal with the Said Shares or any of them as the Beneficiary may direct from time to time.

4. NEW SHARES
4.1 (1) If any conditional or preferential right to subscribe for shares or securities in the capital of
the issuer of the Said Shares or any other option shall be offered to the Trustee, as the holder of the
Said Shares or any of them or otherwise in respect thereof; or (2) If any call shall be made upon the
Said Shares or any securities so offered to and subscribed for by the Trustee as aforesaid or other
payment demanded in respect thereof, the Trustee shall so soon as practicable give notice of such
offer, call, or demand to the Beneficiary and if not less than three (3) working days before the
expiration of the time allowed for the exercise of such option or making such payment the Trustee
shall receive any direction in writing from the Beneficiary and the Beneficiary shall pay or provide
for any money required to comply with such direction, the Trustee shall act on such direction unless
no such direction shall be received or the money required to be provided for such action shall not be
received before the time aforesaid, in which case the Trustee shall act in his discretion in the matter
and such action shall be binding on the Beneficiary.
4.2 The Trustee shall hold all new shares including but not limited to the right and bonus issue
(hereinafter referred to as “such new shares”) offered from time to time to the Trustee in respect of
the Said Shares as aforesaid and subscribed for by him upon the trust herein and subject to the
powers and provisions hereby declared concerning the Said Shares as if the same were an accretion
thereto and the expression “the Said Shares” wherever appearing in this Deed shall mean all the
Said Shares including such new shares.
5. INDEMNIFICATION
5.1 The Beneficiary will at all times hereafter indemnify and keep indemnified the Trustee against
all liabilities which the Trustee may incur by reason of the Said Shares or any of them being so
registered in the name of the Trustee as aforesaid and in particular will punctually pay all calls and
other demands which the Trustee may be or become liable to pay in respect of the Said Shares or
any of them the Trustee may in his discretion subject as hereinafter mentioned deem fit to subscribe
and all costs and expenses incurred by the Trustee in the execution of the trust of this Deed.

6. NUMBER OF TRUSTEES
6.1 The number of Trustees including the Author of the Trustees shall not be less than [minimum
number] and not more than [maximum number] persons. The Board of Trustees shall nominate and
invite person/persons to be the other trustees for such period as they may deem fit and proper,
provided consent of Beneficiary is obtained.

7. CESSATION OF APPOINTMENT
7.1 The appointment of Trustee as herein described shall immediately cease upon the transfer of all
the Said Shares to the Beneficiary, his successor in title, or any other person. 7.2 The power to
appoint a new trustee in place of the Trustee shall be vested in the Beneficiary.

8. TERMINATION OF OFFICE OF THE TRUSTEES


8.1 Trustee shall cease to hold office: (a) if he dies, (b) if he resigns, (c) if he is adjudged insolvent
or found guilty of an offense involving moral turpitude, (d) if he is found to have acted against the
interest of the Trust, (e) if it is unanimously decided by the Trustees that his continuation in the
Office is against the interest of the Trust, (f) upon expiry of the period up to which the Board of
trustees have nominated the trustee.

9. GENERAL PROVISIONS
9.1 Amendments - Any alterations of or amendments to this Deed shall not be valid unless agreed in
writing between the parties. 9.2 Applicable Law - The validity, construction, and performance of
this Deed shall be governed by and interpreted in accordance with the laws of India, and both
parties hereto hereby agree to submit to the jurisdiction of the Courts of India. 9.3 Successors
Bound - This Deed shall be binding upon the heirs, successors-in-title, and the permitted assigns of
the parties hereto.
IN WITNESS WHEREOF the parties hereto have caused this Deed to be duly executed as at the
date first mentioned hereinabove.

Signed by the Trustee, Rohan Kumar, in the presence of:


___________
Witness Name:
Address:
Date:

Signed by the Beneficiary, Priya Sharma, in the presence of:


___________
Witness Name:
Address:
Date:

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