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IN THE COURT OF THE HON’BLE CITY CIVIL AND SESSIONS JUDGE AT

BANGALORE

O.S. No. /2023

BETWEEN:

Sri. Venkata Siva Maddali ………Plaintiff

AND

Sri. P.S. Praveen Kumar ……..Defendant

INDEX

Sl. No. Description Page

No.
1. Plaint For Recovery of Money Under Order XXXVII of Civil 2-8
Procedure Code, 1908
2. Verification 9
3. Verifying Affidavit 10
4. List Of Documents along with documents 11 -
5. Vakalathnama

Place – Bangalore

Date:-__/__/2023 ADVOCATE FOR

PLAINTIFF
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IN THE COURT OF THE HON’BLE CITY CIVIL AND SESSIONS JUDGE AT

BANGALORE
O.S. No. /2023
BETWEEN:
Sri. Venkata Siva Maddali, ………Plaintiff
aged about 39 years, S/o Sri. Koteswara Rao Maddali,
Residing at #27/2, SSV Greens Medows,Flat No.T9,
Kurudu Sonnenahalli Road,
Near Anjaneya Temple,Kodigehalli,
Kadi Godi Plantation,Bangalore-560067

AND

Sri. P.S. Praveen Kumar, ……..Defendant

aged about 34 years, S/o Sri.Puram Sreenivas Murthy,
Residing at Plot No.20,Sri Sai Sadan, Ayyappa Layout,
3rd Cross, Marathalli Bridge,
Behind KMF Dairy,
Bangalore North, Marathalli Colony
Bangalore-560037

PLAINT FOR RECOVERY OF MONEY UNDER ORDER XXXVII OF CIVIL

PROCEDURE CODE, 1908

MOST RESPECTFULLY SHOWETH:

1. The Address of the Plaintiff and the Defendant for the Purpose of issuing notices from
this Hon’ble Court is as stated in the cause title. The Plaintiff may also be served on his
counsel, Sri.Stanley Sam, MSc IT, Mphil, LLB, LLM, Smt. Dr.Latha G. Nair ,
LLM,PHD (Law), Stanley Latha AssociatesTM, #18 to 21,View Point, Aashirwad
Compound, M Gandhi Nagar, Marathalli, Bangalore-560037.

2. The address of the Defendant for the aforesaid purposes of issue of summons, notice,
etc., from this Hon’ble court is stated in the cause title.

3. The Plaintiff respectfully submits that he is the absolute owner of the Schedule Property
B Apartment bearing No. G-04 AT Ground Floor, in the building known as
“BRUNDHAVANA” the plaintiff acquired through Partition Deed dated 08-06-2018,
registered as Document No.KRI-1-02138/2018-19, stored in CD No.KRID622,
registered at the office of the Sub-Registrar, Krishnaraja Puram Bangalore East Taluk.
And whereas, the katha of the Schedule B Property mutated in favour of the plaintiff,
vide khatha Serial No.10209, Property No.16/A/ Flat No.G-04 Dated 24th September
2020, and plaintiff have remitted up-to date taxes thereof to the Bruhath Bangalore
Mahanagara Palike and the plaintiff have been in continuous possession of the
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Schedule C Property without any let, claim, disturbance, interference or obstruction for
any person or persons.

4. The Plaintiff humbly submits that the property bearing Survey No.16/1A duly
converted from agricultural to non-agricultural residential Status, vide Conversion
order No.ALN(E)SR 24/2016-2017, Dated 29-09-2016, issued by Special Deputy
Commissioner, Bangalore District, Bangalore, measuring 0.08 Guntas or 8712 Square
feet situated at Seegehalli Village, K. R. Puram Hobli, Bangalore East Taluk, Bangalore
urban District, Bangalore – 560049. Now this property comes under the jurisdiction of
Bruhat Bangalore Mahanagara Palike, Bangalore, Ward No.53 and khatha extract and
Khatha Certificate dated 3rd December 2016, Khatha Serial No.224/16/1A/176, issued
by BBMP in the name of Sri.Raghuram and Sri.Raju in respect of above said property.
Which is more fully described in the schedule hereunder given below and hereinafter
called as the Schedule A Property.

5. The Plaintiff humbly submits that the Plaintiff and others have acquired the schedule A
Property through Sale deed dated 04-06-2018, registered as Document No.KRI-1-
01935/2018-19, Stored in CD No.KRID621 in the office of the sub registrar
Krishnarajapuram Bangalore, from Sri.N.Raghuram and others. Pursuant to the sale
deed the plaintiff and others have paid the up-to date taxes to the Bruhat Bangalore
Mahanagara Palike and got Khatha extract and Khatha Certificate dated 29-08-2018,
Khatha Serial No.224/16/1A/176, issued by BBMP in the name of plaintiff and others
in respect of the Schedule A Property. The copy of the Sale Deed dated 04/06/2018 is
hereby produced as Annexure ‘A’.

6. It is submitted that pursuant to the aforementioned sale deed dated 04-06-2018, the
plaintiff and other co-owners collectively devised a scheme for the development of the
property outlined in Schedule "A". This scheme involved the construction of a
residential apartment complex known as "BRUNDHAVANA" on the said Schedule-A
Property. Accordingly, they proceeded to create the necessary blueprint for the
envisioned apartment complex, which subsequently received due approval from the
Bruhat Bangalore Mahanagara Palike vide its order No.Ad.com/MDP/LP/09314/2017-
2018, dated 07-04-2018. In accordance with the aforementioned construction plan, the
plaintiff and the co-owners undertook the construction of the Basement floor, Ground
floor, 1st Floor, 2nd Floor, and 3rd Floor. Following this floor-wise progression,
Apartment G-04 of Schedule B Property was built on the Ground floor. This apartment
was specifically constructed for the plaintiff and the co-owners mentioned herein.

7. Whereas, the plaintiff acquired the Schedule B property Apartment bearing G-04 at
Ground Floor, measuring 1299 Square feet of Super built up area along with 363
Square feet of Undivided share out of Schedule A Property consisting of Three Bed
Rooms, one hall, one Kitchen, with RCC Roofing, Ceramic Flooring, Honne Wood
Doors with electricity connection and all civic amenities along with one covered car
parking space in Basement Floor, through partition deed dated 08-06-2018, registered
as Document No.KRI-1-02138/2018-19, Stored in CD No.KRID622 in the office of the
sub registrar Krishnarajapuram Bangalore. Pursuant to the Partition deed the plaintiff
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approached to Bruhat Bangalore Mahanagara Palike and has paid up to date taxes and
got Khatha in respect of Schedule B property in his name. And the plaintiff has been in
continuous possession of the Schedule B Property without any let, claim, disturbance,
interference or obstruction for any person or persons.

8. It is submitted that the Plaintiff and the Defendant entered into an ‘Agreement Of Sale’
on 26/10/2020 to purchase Schedule B Property bearing No. G-04, at Ground Floor, in
the building known as “BRUNDHAVANA” admeasuring 1299 Square feet of Super
Built up area along with an undivided area of land measuring 363 Square feet & one
covered Car Parking space in the Basement Floor situated at Survey No.16/1A,
Seegehalli Village, K.R. Puram Hobli, Bangalore East Taluk, Bangalore Urban District,
Bengaluru- 560049 for a total sale consideration amount of Rs. 45,00,000/- (Rupees
Forty-five Lakhs Only) and the first instalment of Rs. 3,50,000/- (Rupees Three Lakhs
Fifty Thousand Only) was paid by the defendant on 27/10/2020 and the remaining
amount of Rs. 41,50,000 (Rupees Forty-One Lakhs and Fifty Thousand Only) will be
paid on the date of execution of the absolute Sale Deed and it was agreed upon in the
Agreement of Sale that both the parties will ensure to execute the absolute Sale Deed or
the schedule property on or before 60 days from the execution of the ‘Agreement of
Sale’. A copy of the ‘Agreement of Sale’ dated 26/10/2020 is hereby produced as
Annexure ‘B’.

9. It is submitted that on 19/11/2020 an Absolute Sale Deed was executed between the
Plaintiff and Defendant for Apartment bearing No. G-04, at Ground Floor, in the
Building known as “BRUNDHAVANA” admeasuring 1299 Square feet of Super Built
up area along with an undivided area of land measuring 363 Square feet & one covered
Car Parking space in the Basement Floor situated at Survey No. 16/1A, Seegehalli
Village, K.R. Puram Hobli, Bangalore East Taluk, Bangalore Urban District,
Bengaluru- 560049 as Document No. BNS-1-10120-2020-21, stored in CD No.
BNSD1147 at Sub-Registrar’s Office, Banaswadi, Bengaluru for a total sale
consideration amount of Rs. 45,00,000/- (Rupees Forty-Five Lakhs Only) and same
was paid by the defendant through five different instalments. The copy of the Sale deed
dated 19-11-2020 is attached hereby as Annexure ‘C’.

10. The Plaintiff humbly submits that the first instalment was paid by the defendant for
‘Agreement of Sale’ as token amount of Rs. 3,50,000/- (Rupees Three Lakhs Fifty
Thousand Only) on 26th October, 2020 through Cheque bearing No. 000034 drawn on
HDFC Bank, ITPL Branch, Bangalore, the second instalment of Rs. 2,00,000/- (Rupees
Two Lakhs) was paid on 29th October, 2020 through NEFT with reference No.
000154303814 from HDFC Bank, ITPL Branch, Bangalore, the third instalment of
Rs.3,00,000/- (Rupees Three Lakhs Only) was paid on 4th November, 2020 through
NEFT with reference No. 000258035451 from HDFC Bank, ITPL Branch, Bangalore,
the fourth instalment of Rs. 50,000/- (Rupees Fifty-Thousand Only) was paid on 7th
November, 2020 through NEFT with reference No. 000291811837 from HDFC Bank,
ITPL Branch, Bangalore and the fifth instalment of Rs. 36,00,000/- (Rupees Thirty-Six
Lakhs Only) was paid on 12th November, 2020 through loan sanctioned by LIC
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Housing Finance Ltd. A copy of the transactions dated 26/10/2020, 29/10/2020,

7/11/2020 are attached herewith as Annexure ‘D’, ‘E’, ‘F’.

11. It is submitted that that on 28 th October, 2020 the defendant requested and convinced
the plaintiff through a prevalent social media platform called “WhatsApp” to add one of
his friends Mr. Sharath M’s bank account details as a beneficiary in the plaintiff’s
online banking account. Thereafter on 29th October, 2020, the defendant requested the
plaintiff to transfer Rs.2,00,000/- (Rupees Two Lakhs Only) which was paid by the
defendant as second instalment to his friend Mr. Sharath M’s bank account for
completing wood work and the defendant promised to return it back once the wood
work is completed and on trust & faith basis, the plaintiff transferred Rs.2,00,000/-
(Rupees Two Lakhs) to Mr. Sharath M’s bank account through two different IMPS
transactions of Rs. 1,00,000/- (IMPS reference No. 030320120400) and Rs. 99,900/-
(IMPS reference No. 030320128567) respectively, these transactions were done by the
defendant to show an account transfer in the records of the aforementioned Sale Deed.
A copy of the WhatsApp chats is herewith attached as Annexure ‘G’.

12. It is submitted that on 2nd November, 2020 the defendant again requested and convinced
the plaintiff through the same prevalent social media platform ‘WhatsApp’ to add
another one of his friend Ms.Abhinandna S’s bank account details as a beneficiary in
the plaintiff’s online banking account. A copy of the WhatsApp Chat dated 2/11/2020 is
hereby produced as ‘Annexure ‘H’. Thereafter on 4th November, 2020, the defendant
again requested the plaintiff to transfer Rs.3,00,000/- (Rupees Three Lakhs Only) which
was paid by the defendant as third instalment to his friend Ms.Abhinandna S’s bank
account for completing wood work and the defendant promised to return it back once
the wood work is completed and on trust & faith basis, the plaintiff transferred
Rs.3,00,000/- (Rupees Three Lakhs) to Ms.Abhinandna S’s bank account through two
different online transactions of Rs.2,00,000/- (Reference No.258411203) and
Rs.1,00,000/- (Reference No. 258435017) respectively, these transactions were also
done by the defendant to show an account transfer in the records of the aforementioned
Sale Deed. A copy of the WhatsApp chats are attached herewith as Annexure ‘I’. A
copy of the transaction dated 4/11/2020 are attached herewith as ‘Annexure ‘J’.

13. The plaintiff humbly submits that on 7 th November, 2020 the defendant paid the fourth
instalment of Rs.50,000 (Rupees Fifty Thousand) through NEFT with reference No.
000291811837 from HDFC Bank, ITPL Branch, Bangalore and thereafter on 22 nd
November, 2022 the defendant requested the plaintiff to return Rs. 50,000 (Rupees
Fifty Thousand) which was paid by the defendant as fourth instalment, to put an
electricity meter for the schedule property and promised to pay back the amount in
sometime, and on trust and faith basis, the plaintiff returned Rs.50,000 (Rupees Fifty
Thousand) with reference No. 32719362453 dated 22nd November, 2020. A copy of the
bank transaction dated 22/9/2020 is hereby produced as ‘Annexure ‘K’. This
transaction was also done by the defendant to show an account transfer in the records of
the aforementioned Sale Deed.
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14. The plaintiff respectfully submits that the defendant made payments for the second,
third, and fourth instalments as part of the agreed consideration for the absolute Sale
Deed concerning the scheduled property. These payments were subsequently returned
to the defendant, based on trust and confidence that the defendant would fulfill the
commitment to remit these instalments at a later designated time. However, it is
important to note that up to the current date, the defendant has yet to fulfill the
obligation of returning these consideration amounts to the plaintiff. By means of a legal
notice issued on 4/04/2022, the plaintiff communicated their intention to potentially
seek an injunction order from the appropriate court. This measure aimed to prevent the
defendant from obtaining an electricity connection, with the additional condition that an
electricity meter would not be installed until such time as all outstanding dues arising
from the scheduled property were settled in their entirety. It was further emphasized
that if, by any unforeseen means, the defendant managed to secure an electricity
connection without the plaintiff's awareness, any individuals involved would be subject
to legal action in the relevant court. The concerned parties would consequently be held
accountable for legal repercussions and charges.

15. It is submitted that the income tax in the Assessment Year 2021-2022 as paid by
plaintiff vide acknowledgement no. 637406110051021 on Long Term Capital Gain has
been paid as on the Sale Consideration amount of Rs. 45,00,000/- (Rupees Forty-Five
Lakhs Only), whereas the plaintiff has only received Rs. 39,50,000/- (Rupees Thirty-
Nine Lakhs and Fifty Thousand Only) as per our client’s bank statements for the Sale
consideration of the schedule property. The Income Tax return of the plaintiff for the
year 2021-2022 is hereby produced as Annexure ‘L’.

16. It is submitted that the acts of unethical methods of the defendant to gain an advantage
or turn a profit is deceptive, fraudulent, and has caused monetary loss and mental stress
to the plaintiff. The defendant has played fraud on the plaintiff and has threatened and
abused the defendant by texting vulgar and indecent language on ‘WhatsApp’ and on
call which has been recorded and would be treated as defamation. A copy of these chats
are attached herewith Annexure ‘G’.

17. Respectfully, the plaintiff asserts their prerogative to present additional evidence during
the course of the proceedings.

18. Cause of action: -- The cause of action emerged on 29/10/2020, when the defendant
solicited the plaintiff to transfer Rs. 2,00,000/- (Rupees Two Lakhs). This sum,
constituting the second instalment, was sent by the defendant to his acquaintance, Mr.
Sharath M, for the purpose of executing woodworking tasks. A commitment was made
by the defendant to reimburse this amount after the woodworking was finalized.
Regrettably, the defendant failed to uphold this commitment, despite it being built upon
trust and faith. Furthermore, the defendant resorted to unethical means to achieve
personal gain and generate profits, actions that were fraudulent in nature. These
deceptive practices resulted in financial losses and psychological distress for the
plaintiff. In addition, the defendant employed inappropriate language and vulgarities,
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communicating these through both text messages on the "WhatsApp" platform and
phone calls, instances of which have been documented.

19. No Other Suit: --That no other suit has been instituted against the defendant on the
same cause of action seeking same relief in any other court including High court and
Supreme Court of India.

20. Jurisdiction: --The Suit Schedule Property is situated at G-04 in “BRUNDHAVANA”

at Seegehalli Village, K. R. Puram Hobli, Bangalore East Taluk, Bangalore urban
District,Bangalore- 560049

21. Valuation of the Suit: -- The suit for the purpose of court fee is valued as per the
accompanying valuation slip and the Court fee is paid accordingly.

22. That for the purpose of the court fee, is paid under Section 26(c) of Karnataka Court
Fee and Suit Valuation Act.

23. Limitation: -- Suit is filed very well within limitation.

PRAYER
WHEREFORE, the plaintiff most respectfully prays that this Hon’ble Court may be
pleased to pass a Judgement and Decree against the Defendant,

1. Pass a decree for Rs.5,50,000/- with interest @ 18% per annum from 29th October
2020 up to the date of filing the suit in favour of the Plaintiff and against the
Defendant;

2. Award pendentelite and future interest at the rate of 18% per annum on the above
stated amount with interest @ 18% per annum from 29th October 2020 up to the date
of filing the suit in favour of the Plaintiff and against the Defendant;

3. To grant a temporary injunction to restrain the defendant from dissipating or

transferring any assets related to the suit amount, until a final judgment is reached in
this matter

4. Award cost of the suit in favour of the Plaintiff and against the Defendant; and

5. Pass such other and further order(s) as may be deemed fit and proper on the facts and
in the circumstances of this case.

SCHEDULE ‘A’ PROPERTY

All that piece and parcel of the property bearing Survey No.16/1A duly converted from
agricultural to non agricultural residential Status, vide Conversion order No.ALN(E)SR
24/2016-2017, Dated 29-09-2016, issued by Special Deputy Commissioner, Bangalore
District, Bangalore, measuring 0.08 Guntas or 8712 Square feet situated at Seegehalli
Village, K. R. Puram Hobli, Bangalore East Taluk, Bangalore urban District,Bangalore-
560049
 Page |8

now this property comes under the jurisdiction of Bruhat Bangalore Mahanagara
Palike, Bangalore, Ward No.53 and khatha extract and Khatha Certificate dated 3 rd
December 2016, Khatha Serial No.224/16/1A/176, issued by Bruhat Bangalore
Mahanagara Palike, Bangalore, and bounded on the:
East by : Survey No.15
West by : Road
North by : remaining portion of the same survey number16/1A belongs to Mr.Nanga
Rajesh
South by : Remaining Portion of the Survey No.16/
SCHEDULE B PROPERTY
(DESCRIPTION OF THE APARTMENT HEREBY CONVEYED)
Apartment No.G-04, on the Ground floor in the building known as
“BRUNDHAVANA” constructed on the land described in the Schedule A above,
admeasuring 1299 Square Feet of Super Built up area along with an undivided area of
land measuring 363 Sq feet in the Schedule A property & One Covered Car
Parking space in Basement Floor and bounded on the:
East by: Open space & Flat No.F-102
West by: Open space & Flat No.F-106
North by: Corridor Space & Flat No.F-103
South by: Open Space
Description of the Apartment:
Flat No.: G-04
Floor No.: Ground floor
Super Built of Area: 1299 Square Feet
Corresponding UDS: 363 Square Feet
Type of Building: Residential Apartment
Nature of Construction: R.C.C Roofing, Cement block walls, Honne
Wood doors with electricity connection
Flooring: Ceramic tiles
Car parking: One Car parking space in Basement floor

Place: Bangalore
Date:__/__/2023 PLAINTIFF
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ADVOCATE FOR PLAINTIFF

Verification
I, the abovenamed plaintiff, herein do hereby declare that the abovementioned facts are
true and correct to the best of my knowledge, belief and information. Hence, verified
the same on this the ___ day of ______,2023

PLAINTIFF
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IN THE COURT OF THE HON’BLE CITY CIVIL AND SESSIONS JUDGE AT

BANGALORE

O.S. No. /2023

BETWEEN:

Sri. Venkata Siva Maddali ………Plaintiff

AND

Sri. P.S. Praveen Kumar ……..Defendant

VERIFYING AFFIDAVIT

I, Mr. Venkata Siva Maddali, aged about 39 years, S/o Sri. Koteswara Rao Maddali,
residing at #27/2, SSV Greens Medows, Flat No. T9, Kurudu Sonnenahalli Road, Near
Anjaneya Temple, Kodigehalli, Kadi Godi Plantation, Bangalore-560067 do hereby
solemnly affirm and state on oath as follows;
1. I submit that I am the plaintiff in this case. I am well conversant with the facts and
circumstances of the case and I am competent to swear to this affidavit.
2. I submit that the averments made in paragraph of the plaint and this accompanying
Affidavit, are true and correct to the best of my knowledge, belief and information.
3. I submit that Annexures/Documents annexed to this Plaint are either
originals/Certified or true copies of their respective originals.
4. What is stated above is true and correct.

Identified by me

Advocate Deponent

Bangalore:

Date:
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IN THE COURT OF THE HON’BLE CITY CIVIL AND SESSIONS JUDGE AT

BANGALORE

O.S. No. /2023

BETWEEN:

Sri. Venkata Siva Maddali ………Plaintiff

AND

Sri. P.S. Praveen Kumar ……..Defendant

LIST OF DOCUMENTS

Place – Bangalore

Date:-__/__/2023 ADVOCATE FOR

PLAINTIFF