IN THE COURT OF THE 2ND ADDL CIVIL JUDGE AT TUMAKUR

O.S. No. 707 /2019

BETWEEN :

SHASHIKUMAR B N AND ANOTHER . . . PLAINTIFFS

AND

BYRAPPA AND OTHERS . . . DEFENDANTS

WRITTEN STATEMENT OF THE DEFENDANT NO 1 UNDER

ORDER VIII RULE 1 R/W/S 151 OF CODE OF CIVIL
PROCEDURE-1908.

The Defendants No. 1 above named submits as under:

1. The defendant No.1 submits that the entire allegations made

in the plaint para 2 to 6 are here by denied.

2. The defendant No.1 submits that Nanjundaiah and

Kempamma had only one son by name Byrappa (defendant No.1)
and he had 4 children by name 1).Lakshmidevamma (defendant
No.4), 2).Rajanna, 3).Gangabyraiah (defendant No.5), and
4).Byramma (defendant No.6). The plaintiffs and defendant No.2
and 3 are the strangers of defendant No.1 family. The defendant
No.2 is not the daughter of Nanjundaiah and Kempamma and the
defendant No.3 is not the son of defendant No.1. The plaintiffs are
the not the grandchildren of the defendant No.1. The relationship
between the plaintiffs and defendants are disputed.
3. The defendant No.1 submits that the defendant No.5 filed suit
for partition and separate possession against the defendant No.1
and his family members in OS N0.392/2019 before 2 nd ADDL
SENIOR CIVIL JUDGE AND JMFC AT TUMKUR, at the
intervention of well-wishers the above case was settled before the
court. The defendant No.1 and his family members filed
compromise petition on 14/09/2019, under the above said
compromise the land bearing Sy No.27/3 measuring 22 guntas,
Sy No.27/2 measuring 32 guntas, Sy No.28/3 measuring 30
guntas, Sy No.40/7 measuring 6 guntas and Sy No.40/8
measring 24 guntas situated at Bommanahalli Village was
allotted to defendant No.1 and his wife Jayamma share. The land
bearing Sy No.59/5 measuring 10 guntas, Sy No.2/7 measuring
10 guntas and Sy No.83/32 measuring 5 guntas situated at
Bommanahalli Village was allotted to Lakshmidevamma
(defendant No.4) share. The land bearing Sy No.2/7 measuring 11
guntas, Sy No.28/3 measuring 13 guntas, Sy No.48/3 measuring
11.08 guntas, Sy No.41 measuring 22.08 guntas and Sy No.28/2
measuring 30 guntas situated at Bommanahalli Village was
allotting Rajanna share. The land bearing Sy No.28/3 measuring
1 acre 3 guntas, Sy No.48/3 measuring 8 guntas, Sy No.41
measuring 22.08 guntas and Sy No.59/5 measuring 3 guntas
situated at Bommanahalli Village. The amount of Rs, 1,00,000/-
paid to Byramma share.

4. The defendant No.1 submits that the defendant No.1 and his
wife are sold in land bearing Sy No.27/2 measuring 32 guntas
and Sy No.27/3 measuring 22 guntas situated at Bommanahalli
Village under the registered sale deed dated 06/11/2019
registered as Book No.1, Document No.TMK-1-12362/2019-20,
stored in CD No. TMKD1081 in favour of Purushotham S/o.
Mudalagiraiah for legal necessity and medical expenses and
discharge of hand loan. After he was purchased the revenue
authority was mutated in MR No.H18/2019-20 and transferred
RTC in the name of Purushothama M and he is in possession and
cultivating the land, dig bore-well and growing areca nut tree in
the above said land. The purchaser is not a party in the above
suit hence the suit is bad for non joinder of necessary party.

5. The defendant No.1 further submits that the defendant No.1

and his wife are sold in land bearing Sy No.28/3 measuring 30
guntas situated at Bommanahalli Village under the registered
sale agreement dated 30/12/2021 registered as Book No.1,
Document No.TMK-1-15628/2021-22, Stored in CD
No.TMKD1595 in favour of Nagarathnamma W/o. Mahadeva.

6. The defendant No.1 submits that the defendant No.1 executed

registered Gift deed in respect of Sy No. 40/7 measuring 6 guntas
and Sy No.40/8 measuring 24 guntas in favour of defendant No.5
on 30.12.2021 registered as Book No.1, Document No.TMK-1-
15630/2021-22, Stored in CD No.TMKD1595.

7. The defendant No.1 submits that no cause of action to file the

above suit.
8. The plaintiffs have suppressed the true and material facts
before this Hon’ble court and they have not approached this
Hon’ble court with clean hands. Hence, the above suit is liable to
be dismissed.

9. The plaintiffs filed the above false and frivolous suit with
ulterior motive and dishonest intention to have wrongful gains for
his and thereby deny, deprive and defeat the lawful right of the
defendant. The above suit is vexatious and devoid of merit and
hence, liable to be dismissed.

PRAYER

WHEREFORE, it is respectfully submitted that this Hon’ble

Court may be pleased to dismiss the suit with the exemplary
cost.

Advocate for defendant No.1 Defendant No.1

VERIFICATION

I am the defendant No.1, do hereby verify and declare that,

the statements made herein above are true to the best of my
knowledge, belief and information.
 Tumakur
DATE:18/07/2022 Defendant No.1

IN THE COURT OF THE 2ND ADDL CIVIL JUDGE AT TUMAKUR

O.S. No. 707 /2019

BETWEEN :

SHASHIKUMAR B N AND ANOTHER . . . PLAINTIFFS

AND

BYRAPPA AND OTHERS . . . DEFENDANTS

VERIFYING AFFIDAVIT

I, Byrappa S/o. Late Nanjundaiah, aged about 75 years,

residing at Bommanahalli Village, Hebbur Hobli, Tumkur Taluk and
District, do hereby solemnly affirm and state on oath as follows;
1. I am the defendant No. 1 in the above said case and I know
the facts of the case and hence I am swearing to this affidavit on my
behalf.

2. I submit that the plaintiffs have filed the above case against
me and other defendant for the relief of partition and separate
possession.

3. I submit that the statements made in paragraphs 1 to 9 of the

annexed memorandum of written statement are true and correct to
the best of my knowledge, information and belief which I believe to
be true.
I do hereby verify that the contents of this affidavit are true and
correct.
Identified by me

Advocate DEPONENT
Sworn to before me
Tumakur
Date: 18/07/2022
IN THE COURT OF THE 2ND ADDL CIVIL JUDGE AT TUMAKUR

O.S. No. 707 /2019

BETWEEN :

SHASHIKUMAR B N AND ANOTHER . . . PLAINTIFFS

AND

BYRAPPA AND OTHERS . . . DEFENDANTS

APPLICATION UNDER ORDER 39 RULE 4 READ WITH

SECTION 151 OF THE CODE OF CIVIL PROCEDURE:

That for the reasons sworn to in the accompanying

affidavit, the defendants prays that, this Hon’ble Court be
pleased vacate the experty injunction order against the
defendants in the above said case in the interest of Justice and
Equity.

Nelamangala Advocate for

Defendant No.1

Date: 18/07/2022
IN THE COURT OF THE 2ND ADDL CIVIL JUDGE AT TUMAKUR

O.S. No. 707 /2019

BETWEEN :

SHASHIKUMAR B N AND ANOTHER . . . PLAINTIFFS

AND

BYRAPPA AND OTHERS . . . DEFENDANTS

AFFIDAVIT

I, Byrappa S/o. Late Nanjundaiah, aged about 75 years,

residing at Bommanahalli Village, Hebbur Hobli, Tumkur Taluk and
District, do hereby solemnly affirm and state on oath as follows;

1. I am the defendant No.1 in the above case and I am aware of

the fact of the above case hence I am swearing this affidavit on
my behalf and on behalf of other defendant.

2. I submits that Nanjundaiah and Kempamma had only one son

by name Byrappa (defendant No.1) and he had 4 children by
name Lakshmidevamma (defendant No.4) Rajanna,
Gangabyraiah (defendant No.5), and Byramma (defendant
 No.6). The plaintiffs, defendant No.2 and 3 are the strangers of
defendant No.1 family. The defendant No.2 is not the daughter
of Nanjundaiah and Kempamma and the defendant No.3 is not
the son of defendant No.1. The plaintiffs are the not the
grandchildren of the defendant No.1. The relationship between
the plaintiffs and defendants are disputed.
3. I submit that the defendant No.5 filed suit for partition and
separate possession against the defendant No.1 and his family
members in OS N0.392/2019 before 2nd ADDL SENIOR CIVIL
JUDGE AND JMFC AT TUMKUR, at the intervention of well-
wishers the above case was settled before the court. The
defendant No.1 and his family members filed compromise
petition on 14/09/2019, under the above said compromise the
land bearing Sy No.27/3 measuring 22 guntas, Sy No.27/2
measuring 32 guntas, Sy No.28/3 measuring 30 guntas, Sy
No.40/7 measuring 6 guntas and Sy No.40/8 measring 24
guntas situated at Bommanahalli Village was allotted to
defendant No.1 and his wife Jayamma share. The land bearing
Sy No.59/5 measuring 10 guntas, Sy No.2/7 measuring 10
guntas and Sy No.83/32 measuring 5 guntas situated at
Bommanahalli Village was allotted to Lakshmidevamma
(defendant No.4) share. The land bearing Sy No.2/7 measuring
11 guntas, Sy No.28/3 measuring 13 guntas, Sy No.48/3
measuring 11.08 guntas, Sy No.41 measuring 22.08 guntas
and Sy No.28/2 measuring 30 guntas situated at
Bommanahalli Village was allotting Rajanna share. The land
 bearing Sy No.28/3 measuring 1 acre 3 guntas, Sy No.48/3
measuring 8 guntas, Sy No.41 measuring 22.08 guntas and Sy
No.59/5 measuring 3 guntas situated at Bommanahalli
Village. The amount of Rs, 1, 00,000/- paid to Smt. Byramma
share.
4. I submit that the defendant No.1 and his wife are sold in land
bearing Sy No.27/2 measuring 32 guntas and Sy No.27/3
measuring 22 guntas situated at Bommanahalli Village under
the registered sale deed dated 06/11/2019 registered as Book
No.1, Document No.TMK-1-12362/2019-20, stored in CD No.
TMKD1081 in favour of Purushotham S/o. Mudalagiraiah for
legal necessity and medical expenses and discharge of hand
loan. After he was purchased revenue authority was mutated
in MR No.H18/2019-20 and transferred RTC in the name of
Purushothama and he is in possession and cultivating the
land, dig bore-well and growing areca nut tree in the above
said land. The purchaser is not a party in the above suit hence
the suit is bad for non joinder of necessary party.
5. I further submits that the defendant No.1 and his wife are sold
in land bearing Sy No.28/3 measuring 30 guntas situated at
Bommanahalli Village under the registered sale agreement
dated 30/12/2021 registered as Book No.1, Document
No.TMK-1-15628/2021-22, Stored in CD No.TMKD1595 in
favour of Nagarathnamma W/o. Mahadeva.
6. I submits that the defendant No.1 executed registered Gift deed
in respect of Sy No. 40/7 measuring 6 guntas and Sy No.40/8
measuring 24 guntas in favour of defendant No.5 on
30.12.2021 registered as Book No.1, Document No.TMK-1-
15630/2021-22, Stored in CD No.TMKD1595.

Wherefore, I pray that, this Hon’ble Court be pleased to

allow the accompanying application as prayed for in the interest
of Justice and Equity.

Identified by me Deponent

Advocate Sworn to before me

Nelamangala

Date: 18/07/2022