IN THE COURT OF CIVIL JUDGE (JD) AT TUMKUR

O.S.No. /2008
BETWEEN:

MUDLIGIRI S/O VENKATARAMAIAH,

Aged about 37 years,
Bugudanahalli grama,
Bellavi Hobli, Tumkur Taluk
Tumkur …. PLAINTIFF

AND :

1. Smt. Bhagyarathnamma W/o Hanumantharayappa, Aged 50 years,

2. Smt. Sathya preethi W/o Gowda, Aged 40 years,
3. Smt. Manukumari D/o Saralamma, Aged 35 years,
4. Smt. Rekha pradeep W/o Pradeep, Aged 20 years,
5. Smt. Sarakamma W/o Danial Joseph, Aged 65 years,
6. Smt latha W/o Late Ravi, Aged 44 years,
7. Hanumantharayappa, Aged about 56 year, Head Constable
attached to
Tumkur Rural Police Station.
8. Madhu S/o Hanumantharayappa, Aged 27 years,
…. DEFENDANTS

All the above defendants are the residents of Devanur, Tumkur.

PLAINT UNDER ORDER VII RULE 1 READWITH SECTION 26

OF THE CODE OF CIVIL PROCEDURE, 1908.

The Plaintiffs in the above case most respectfully submit, as follows :

1. That, the address of the Plaintiffs for the purpose of service of

summons, notices, etc., from this Hon’ble Court is as set out in
the cause- title. The Plaintiffs may also be served through their
Counsels, Sridhara babu N, Raghavendra. Y, Advocates, Legal
Documentations, G.K. Road, Tumkur.

2. The Addresses of the Defendants for the said purpose is as

stated in the cause -title.
3. The Plaintiffs submit, that after due verification of the title of
suit schedule property, the Plaintiff purchased the immovable
property bearing Hanumanthapura Khatha No.572:576/58
situated at Hanumanthapura Grama, Bellavi Hobli, Tumkur
Taluk, Tumkur District. Having site number 58 totally
measuring East to West 40 feet and North to South 30 feet,
from one G. Raviprakash & Ramakrishnaiah under a Sale Deed
dated 02-05-2006, registered in Book No: 1, as Document
No.TMK-1-01175-2006-07, CD NO: TMKD 80, in the Office
of the Sub-Registrar, Tumkur, which is more fully described
herein and herein after referred to as the suit SCHEDULE
PROPERTY. The copy of the Sale Deed dated 02-05-2006 is
produced herewith for the kind perusal of this Hon’ble Court.

4. The Plaintiff further submit, that, since, the date of purchase the
Plaintiff have been in peacefull possession and enjoyment of
the Schedule Property without any let or hindrance from any
body by exercising all rights of ownership by effecting all the
revenue records in her name and by paying the taxes of the suit
Schedule Property to the Bugadanahalli Gramapanchayath.
The copies of the Assessment Extract and recent Tax paid
receipt are produced for the kind perusal of this Hon’ble Court.

5. The Plaintiffs submit, that, The suit schedule property is

formed out of revenue survey number 14/1a1 in
Hanumanthapura Grama, Bellavi Hobli, Tumkur taluk. The said
survey number land was purchased by one Shivarudraiah
through sale deed registered on 18-07-1974. Later it was
possessed by HUF of shivarudraiah. The said land was
alienated in 07-03-1990 vide ALNSR 191/89-90 to the extent of
2 acres 18 guntas. The copies of the alienation order are
produced for the kind perusal of this Hon’ble Court.
6. The Plaintiffs further submit that, Shivarudraiah’s HUF family
sold the above land to G. Raviprakash & Ramakrishnaiah
through registered sale deed dated 08-03-1990. The Copy of
the sale deed is produced herewith for the kind perusal of this
Hon’ble Court.

7. The Plaintiffs further submit that, Bellavi Mandal panchayath

approved the layout plan. Later G. Raviprakash &
Ramakrishnaiah among the sites formed in the layout, the site
number 58 that is suit schedule property sold to this plaintiff. In
this way valid legal title to the suit schedule property
transferred to this plaintiff and the Khatha in Bugadanahalli
Grama Panchayath was transferred from vendors to this
plaintiff. Later after this plaintiff purchased the suit schedule
property khatha was changed in his name and possession and
absolute ownership is with plaintiff.

8. The defendants in no way related to schedule property, and

utter strangers without having any manner of right or title or
muchless possession over suit schedule property, are using their
money, muscle, official and political power are creating
nuisance by trespassing on the suit schedule property to remove
the site stones. The defendant are illegally attempting to
interfere with plaintiff’s peacefull possession and enjoyment of
suit schedule property.

9. In this connection plaintiff have given complaint to police

station, but defendant 7 as a constable using his influence and
police are not entertaining the plaintiff’s complaint either to
provide protection or to control the defendant’s illegal action.
Hence, the plaintiff is approaching this Hon’ble court seeking
for permanent injunction and other reliefs.
10.The Plaintiffs submit, that, when things stood thus, the
Defendant’s who has no any manner of right, title and interest
over the suit Schedule Property has tried to interfere with
peaceful possession and enjoyment of the suit Schedule
Property on 10-08-2008, stating that, the suit Schedule Property
is their property and attempted to dispossess the Plaintiff with a
malafide intention to illegally occupy the suit Schedule
Property. That, the illegal and high-handed act of the
Defendant’s was prevented with the help of friends and well-
wishers. That, the Defendant’s have threatened the Plaintiffs,
that, they would come with more men and see, that, they will
dispossed the Plaintiffs from the Suit Schedule Property. This
itself is crystal clear that, the Defendants have colluded to
knock of the Plaintiffs suit Schedule Property.

11.The Plaintiffs submit that, they approached the jurisdictional

Police, Tumkur, narrating the incident and requesting the Police
to take appropriate action against the Defendants and other
persons. Inspite of that, the Defendant’s and their henchmen
had come near the suit Schedule Property on 20-08-2008 and
again on 25-08-2008 at about 3.00 pm threatened the Plaintiff
with dire consequences .

12.The Plaintiff submits, that, the First Defendant is bent upon to

dispossessing the Plaintiffs from the suit Schedule Property and
forcibly occupy the suit Schedule Property. That, the Plaintiffs
have no other alternative and efficacious remedy other than to
approached this Hon’ble Court for the relief of Permanent
Injunction restraining the Defendants from interfering with the
peacefull possession and enjoyment of the Schedule Property.
Hence this suit.
 13.The cause of action for the suit arose on 10-08-2008, 20-08-
2008, and again on 25-08-2008 at about 3.00 pm when the
Defendant’s threatened the Plaintiffs with dire consequences,
which is within the jurisdiction of this Hon’ble Court.

14.A fixed Court fee is paid on the Plaint as per Section 26(c) of
the Karnataka Court Fee and Suit Valuation Act, 1958. A
separate Valuation slip is filed alongwith this Plaint.

15.The Plaintiffs further submit, that, they have not filed any other
Suit, Petition or application, initiating any other proceedings
before any Court or Authority in respect of the subject matter
against the Defendants seeking the same relief sought in this
Suit. The Plaintiffs submit, that, they have no other alternative,
effective or adequate remedy otherwise than by means of filing
this Suit. No proceedings is pending before any other Court on
same cause of action.

WHEREFORE, in the above facts and circumstances of the

case, the Plaintiffs most respectfully pray that, this Hon’ble Court may
be pleased to PASS A JUDGEMENT AND DECREE against the
Defendants herein for the following relief/s:

i) FOR PERMANENT INJUNCTION, restraining the

Defendants, their agents, representatives, assignees, or any-
body claiming through or under them from interfering with the
peaceful possession and enjoyment of the suit Schedule
Property.
ii) TO GRANT, cost of the suit.
iii) TO GRANT, such other relief or reliefs as this Hon’ble Court
deems fit to grant in the facts and circumstances of the case, in
the interest of justice and equity.
 SCHEDULE PROPERTY

All that, piece and parcel of the Immovable site Property situated
at Hanumanthapura Grama, Bellavi Hobli, Tumkur Taluk, Tumkur
District, bearing Bugadanahalli panchayath Khata No.572/576/58,
consisting of one site no: 58, measuring East to West 40 feet and
North to South 30 feet and bounded on:
EAST BY : Murthappa’s land,
WEST BY : Road,
NORTH BY : Site No: 57,
SOUTH BY : Site No: 59.

ADVOCATE FOR PLAINTIFF PLAINTIFF

V E R I F I C A T I O N.

I, MUDLAGIRI S/O VENKATARAMAIAH, the Plaintiff

hereby declares that, what is stated in the above paras at 1 to 15 of the
Plaint are true and correct to the best of my knowledge, information
and belief.

PLACE : TUMKUR
DATED: PLAINTIFF
 IN THE COURT OF CIVIL JUDGE AT TUMKUR

I.A.No.

in

O.S.No. /2008
BETWEEN:

MUDLAGIRI … PLAINTIFF

AND :

SMT BHAGYARATNAMMA AND OTHERS … DEFENDANTS

INTERLOCUTORY APPLICATION UNDER ORDER XXXIX

RULE 1 & 2 READWITH SECTION 151 OF THE CODE OF
CIVIL PROCEDURE, 1908.

The Applicants/Plaintiffs in the above case most respectfully submits

that, for the reasons sworn to in the accompanying affidavit, this
Hon’ble Court may be pleased to grant an exparte ad-interim Order of
Temporary Injunction restraining the Defendants, their agents,
representatives, assignees, or any-body claiming through or under
them from interfering with the peaceful possession and enjoyment of
the suit Schedule Property, pending disposal of the above case, in the
interest of justice and equity.

PLACE: TUMKUR.
DATED: . ADVOCATE FOR APPLICANT
 IN THE COURT OF CIVIL JUDGE AT TUMKUR

I.A.No.

in

O.S.No. /2008
BETWEEN:

MUDLAGIRI … PLAINTIFF

AND :

SMT BHAGYARATNAMMA AND OTHERS … DEFENDANTS

AFFIDAVIT

I, MUDLAGIRI S/O VENKATARAMAIAH, aged about 37

years, residing at Bugadanahalli Grama, Bellavi Hobli, Tumkur Taluk
do hereby solemnly affirm and state on oath as follows :

1. I submit, that, I am the Plaintiff in the above case. I am well

conversant with the facts of the case. Hence, I am swearing to
the contents of this affidavit on my behalf and on behalf of
another Plaintiff.

2. I submit, that, I have filed the above suit for Permanent

Injunction against the Defendants. Further, I submit that, the
averments made in the Plaint may kindly be read as part and
parcel of this affidavit in order to avoid repetition of the facts.

3. I submit, that, that after due verification of the title of suit

schedule property, the Plaintiff purchased the immovable
property bearing Hanumanthapura Khatha No.572:576/58
situated at Hanumanthapura Grama, Bellavi Hobli, Tumkur
Taluk, Tumkur District. Having site number 58 totally
measuring East to West 40 feet and North to South 30 feet,
from one G. Raviprakash & Ramakrishnaiah under a Sale Deed
dated 02-05-2006, registered in Book No: 1, as Document
 No.TMK-1-01175-2006-07, CD NO: TMKD 80, in the Office
of the Sub-Registrar, Tumkur, which is more fully described
herein and herein after referred to as the suit SCHEDULE
PROPERTY. The copy of the Sale Deed dated 02-05-2006 is
produced herewith for the kind perusal of this Hon’ble Court.

4. I further submit, that, since, the date of purchase the Plaintiff

have been in peacefull possession and enjoyment of the
Schedule Property without any let or hindrance from any body
by exercising all rights of ownership by effecting all the
revenue records in her name and by paying the taxes of the suit
Schedule Property to the Bugadanahalli Gramapanchayath.
The copies of the Assessment Extract and recent Tax paid
receipt are produced for the kind perusal of this Hon’ble Court.

5. I submit, that, The suit schedule property is formed out of

revenue survey number 14/1a1 in Hanumanthapura Grama,
Bellavi Hobli, Tumkur taluk. The said survey number land was
purchased by one Shivarudraiah through sale deed registered on
18-07-1974. Later it was possessed by HUF of shivarudraiah.
The said land was alienated in 07-03-1990 vide ALNSR
191/89-90 to the extent of 2 acres 18 guntas. The copies of the
alienation order are produced for the kind perusal of this
Hon’ble Court.

6. I further submit that, Shivarudraiah’s HUF family sold the

above land to G. Raviprakash & Ramakrishnaiah through
registered sale deed dated 08-03-1990. The Copy of the sale
deed is produced herewith for the kind perusal of this Hon’ble
Court.

7. I further submit that, Bellavi Mandal panchayath approved the

layout plan. Later G. Raviprakash & Ramakrishnaiah among
 the sites formed in the layout, the site number 58 that is suit
schedule property sold to this plaintiff. In this way valid legal
title to the suit schedule property transferred to this plaintiff and
the Khatha in Bugadanahalli Grama Panchayath was transferred
from vendors to this plaintiff. Later after this plaintiff
purchased the suit schedule property khatha was changed in his
name and possession and absolute ownership is with plaintiff.

8. I further submit that, The defendants in no way related to

schedule property, and utter strangers without having any
manner of right or title or muchless possession over suit
schedule property, are using their money, muscle, official and
political power are creating nuisance by trespassing on the suit
schedule property to remove the site stones. The defendant are
illegally attempting to interfere with plaintiff’s peacefull
possession and enjoyment of suit schedule property.

9. I further submit that, In this connection plaintiff have given

complaint to police station, but defendant 7 as a constable using
his influence and police are not entertaining the plaintiff’s
complaint either to provide protection or to control the
defendant’s illegal action. Hence, the plaintiff is approaching
this Hon’ble court seeking for permanent injunction and other
reliefs.

10.I submit, that, when things stood thus, the Defendant’s who
has no any manner of right, title and interest over the suit
Schedule Property has tried to interfere with peaceful
possession and enjoyment of the suit Schedule Property on 10-
08-2008, stating that, the suit Schedule Property is their
property and attempted to dispossess the Plaintiff with a
malafide intention to illegally occupy the suit Schedule
Property. That, the illegal and high-handed act of the
 Defendant’s was prevented with the help of friends and well-
wishers. That, the Defendant’s have threatened the Plaintiffs,
that, they would come with more men and see, that, they will
dispossed the Plaintiffs from the Suit Schedule Property. This
itself is crystal clear that, the Defendants have colluded to
knock of the Plaintiffs suit Schedule Property.

11.I submit that, they approached the jurisdictional Police,

Tumkur, narrating the incident and requesting the Police to take
appropriate action against the Defendants and other persons.
Inspite of that, the Defendant’s and their henchmen had come
near the suit Schedule Property on 20-08-2008 and again on 25-
08-2008 at about 3.00 pm threatened the Plaintiff with dire
consequences .

12.I submits, that, the Defendant,s are bent upon to dispossessing

the Plaintiffs from the suit Schedule Property and forcibly
occupy the suit Schedule Property. That, the Plaintiffs have no
other alternative and efficacious remedy other than to
approached this Hon’ble Court for the relief of Permanent
Injunction restraining the Defendants from interfering with the
peacefull possession and enjoyment of the Schedule Property.
Hence this suit. Hence this Application.

13.I submit that, if the Defendants are not restrained by means of

Temporary Injunction from interfering with the peaceful
possession and enjoyment of the suit Schedule Property in any
manner whatsoever pending disposal of this suit, I will be put to
very great hardship, irreparable loss, which cannot be equated
in terms of money or monies worth. If the said order is passed
in my favour no harm or injury will be caused to the other side.
 14.I submit that, we have made out a prima facie case. The
balance of convenience fully lies in our favour. If the interim
order of Temporary Injunction is granted in our favour no harm
will be caused to the other side. Hence, this interlocutory
application for interim order, restraining the defendants from
interfering with the peaceful possession and enjoyment of the
suit Schedule Property.

WHEREFORE, in the above facts and circumstances of the

case, I respectfully pray, that, this Hon’ble Court be pleased to grant
an order of Temporary Injunction restraining the Defendants from
interfering with the peaceful possession and enjoyment of the suit
Schedule Property pending disposal of the suit in the interest of the
justice and equity.

I the deponent herein, do hereby declare that, this is my name,

signature and contents of the affidavit are true and correct to the best
of my knowledge, information and belief.

PLACE : TUMKUR.
DATED : DEPONENT

Identified by me

Advocate
 IN THE COURT OF CIVIL JUDGE AT TUMKUR

O.S.No. /2008
BETWEEN:

MUDLAGIRI … PLAINTIFF

AND :

SMT BHAGYARATNAMMA AND OTHERS … DEFENDTS

AFFIDAVIT
I, MUDLAGIRI S/O VENKATARAMAIAH, aged about 37
years, residing at Bugadanahalli Grama, Bellavi Hobli, Tumkur Taluk
do hereby solemnly affirm and state on oath as follows :

1. I submit that, I am the Plaintiff in the above case. I am well

conversant with the facts of the case. Hence, I am swearing to the
contents of this affidavit on my behalf and on behalf of another
Plaintiff.

2. I submit that, today we have filed the above Suit for Permanent
Injunction, against the Defendants. Further, I submit, that, the
averments made in the Plaint may kindly be read as part and parcel of
this affidavit in order to avoid repetition of facts.

3. I submit that, the averments made in para 1 to 15 of the

accompanying Plaint are true and correct to the best of my knowledge,
information and belief.

4. I submit that, the Documents produced in the Plaint are XEROX

copies of the Original.

I, the deponent herein, do hereby declare that this is our name,

signature and that the contents of this affidavit are true and correct to
the best of our knowledge, information and belief.

PLACE : TUMKUR.
DATED : .

Identified by me,
DEPONENT

Advocate,
 IN THE COURT OF CIVIL JUDGE AT TUMKUR

O.S.No. /2008
BETWEEN:

MUDLAGIRI … PLAINTIFF

AND :

SMT BHAGYARATNAMMA AND OTHERS … DEFENDTS

AFFIDAVIT
I, MUDLAGIRI S/O VENKATARAMAIAH, aged about 37
years, residing at Bugadanahalli Grama, Bellavi Hobli, Tumkur Taluk
do hereby solemnly affirm and state on oath as follows :

1. I submit that, I am the Plaintiff in the above case. I am well

conversant with the facts of the case. Hence, I am swearing to the
contents of this affidavit.

2. I submit that, today I have filed the above Suit for Permanent
Injunction, against the Defendants. Further, I submit, that, the
averments made in the Plaint may kindly be read as part and parcel of
this affidavit in order to avoid repetition of facts.

3. I submit that, all the Original Documents pertaining to the above

case have been given to bank for availing loan and the same may be
produced at the time of adducing evidence. Hence, this Hon’ble
Court may be pleased to dispense with the production Original
Documents at this stage.

4. I submit that, the Documents produced in the Plaint are XEROX

copies of the Original.

I, the deponent herein, do hereby declare that this is our name,

signature and that the contents of this affidavit are true and correct to
the best of our knowledge, information and belief.

PLACE : TUMKUR
DATED :

Identified by me,
DEPONENT
Advocate,
 IN THE COURT OF CIVIL JUDGE AT TUMKUR

O.S.No. /2008

BETWEEN:

MUDLAGIRI … PLAINTIFF

AND :

SMT BHAGYARATNAMMA AND OTHERS … DEFENDANTS

VALUATION SLIP

UNDER SECTION 26 (C) OF THE KARNATAKA COURT FEE

AND SUITS VALUATION ACT, 1958:

The Plaintiff above named values the above suit as follows:

1. The relief of Permanent Injunction is valued under

Section 26 (c) of the Karnataka Court Fee and Suits
Valuation Act and relief of Injunction is Valued at
Rs.1000/- and an ad volerm Court Fee of Rs.25/-
payable on the Plaint.

2. No other Court Fee is payable on the other relief/s

which are consequential in nature.

3. The total Court Fee payable is Rs.25/- which is paid

on the Plaint for the purpose of jurisdiction of this
Hon’ble Court.

PLACE: TUMKUR
DATED: ADVOCATE FOR
PLAINTIFF
 IN THE COURT OF CIVIL JUDGE AT TUMKUR

O.S.No. /2008
BETWEEN:

MUDLAGIRI … PLAINTIFF

AND :

SMT BHAGYARATNAMMA AND OTHERS … DEFENDANTS

LIST OF DOCUMENTS

Anne Description
xure
A

PLACE : TUMKUR.
DATED : ADVOCATE FOR PLAINTIFF
 IN THE COURT OF CIVIL JUDGE AT TUMKUR

O.S.No. /2008
BETWEEN:

MUDLAGIRI … PLAINTIFF

AND :

SMT BHAGYARATNAMMA AND OTHERS … DEFENDANTS

INDEX

SL DESCRIPTION PAGE NO C.FEE

NO PAID
1 PLAINT UNDER
ORDER VII RULE 1
R/W SECTION 26
OF CPC ALONG
WITH SECOND COPY
2 VALUATION SLIP
3 VERIFYING
AFFIDAVIT
4 LIST OF
DOCUMENTS ALONG
WITH DOCUMENTS
5 VAKALATH
6 TWO INTERIM
APPLICATION’S
7 AFFIDAVIT IN
SUPPORT OF IA’S
8 PLAINT COPY

PLACE : TUMKUR.
DATED : ADVOCATE FOR PLAINTIFF
 IN THE COURT OF CIVIL JUDGE AT TUMKUR

O.S.No. /2008
BETWEEN:

MUDLAGIRI … PLAINTIFF

AND :

SMT BHAGYARATNAMMA AND OTHERS … DEFENDANTS

IA /2008

APPLICANT V/S OPPONENT

MUDLAGIRI SMT BHAGYARATNAMMA AND
OTHERS

INTERLOCUTORY APPLICATION SECTION 151 OF

THE CODE OF CIVIL PROCEDURE, 1908.

The Applicant/Plaintiff in the above case most

respectfully submits that, for the reasons
sworn to in the accompanying affidavit, this
Hon’ble Court may be pleased to permit
plaintiff to produce documents at the time of
evidence, if any, in the interest of justice
and equity.

PLACE: TUMKUR.
DATED: ADVOCATE FOR APPLICANT.