IN THE COURT OF CIVIL JUDGE (J.

D) AT SHIVAMOGGA

O.S.NO.: _____/2019

PLAINTIFF : Nagaraj

Vs

DEFENDANT : Veerabhadrappa

WRITTEN STATEMENT FILED UNDER ORDER VIII RULE 1 OF C.P.C

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1. There is no cause of action to file this suit agonist defendant and the alleged cause of

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action is concocted and created one. Hence, the suit is liable to be dismissed with exemplary cost.

2. It is submitted the avertments in para 2 of the plaint that the plaintiff is the absolute
owner in possession of the suit scheduled property and khata was mutated in his favour and he's
paying Kandayam and he is in possession and enjoyment of the property uninterruptedly and are
all absolutely false and incorrect.

3. It is submitted that in para 4 that on 01/08/2019, the defendant came near the suit
scheduled property and attempted to interfere with the plaintiff's peaceful possession and
enjoyment and also attempted to dispossess are all false and incorrect. It is also false that again
and again the defendant interrupted the peaceful possession of the suit scheduled property, which
tends to file this suit. The plaintiff has no right to seek a relief of permanent injunction and there
is no cause of action.

4. It is submitted that at the threshold itself the suit is not maintainable for the lack of any
proof of property deeds and necessary documents. The plaintiff is trying to prove his title on the
basis of temporary Khata extract without any corresponding entry in the Panchayat.

5. It is submitted that the suit scheduled property is purely a Grama tane portion and is
reserved for public purpose against which no rights or title can be established from any person
claiming the same. No person has a right in deviating specific purpose for which that land is
reserved in the village. The plaintiff is also one of the unauthorised persons creating his own
temporary structure. In fact, the Gramapanchayat has no right to issue sanction to any person to
of the village.
6. The plaintiff is not the absolute owner of the suit scheduled property and he's trying to
create documents in his favour in the panchayat in which he is not successful. Being failed in all
his efforts now he has approached this Hon'ble court.

7. The prayer of the plaintiff is not proper and he is not entitled to seek an order from this
Hon'ble Court. It is necessary to arrange Graham Panchayat to clarify the matter of possession in
this suit. It is submitted that a possession in an unlawful manner cannot be protected.

8. It is submitted that the defendant as alleged in the plaint never entered the property of
the plaintiff and it is Grama tane which is included in the plaint schedule to which the public
only have access.

9. It is submitted that the people in the village are making use of Grama Tane and for the
claim or for the suit purpose the suit filed is without any title deeds.

10. There is no cause of action in the suit much less the interference by the defendant.

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11. All other avertments which are not specifically denied or disputed are hereby denied as

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false and imaginary one.

THEREFORE, it is prayed that this Hon'ble Court may be pleased to dismiss the suit
filed by the plaintiff with exemplary cost in the interest of justice and equity.

Advocate for Defendant Defendant

_____________________ __________________

VERIFICATION

What are stated in the above Paras from 1 to 11 are true and correct to the best of my knowledge
belief and information.

Place:_______ Defendant
Date:________ _________