o CCH 3S

IN THE COURT OF THE G4 Gvil D

AT BENGALURU
0J. No. 3736 of
okeb 1/EN
A14)7|4=
Plaintiff/s, Petitioner/s Defendant/s, Rospondehrsh
Appellant/s¬aveator Complainant/s Vs. Accysed, Opporíent/s AN 8
Deeree Holders Jydgement Débtor/s
SN HAH RH CITY CIVIL COURi GATUR
ha 1ntly
R
INDENG220 -29
SI.No. Descriptio Pages C.F. Paid

Hoy Ydn plin)baV) au -4

C.9.yuih (ont)
Äfnobvit Ve plun 6
Vewohsip
As}_ owmnk oy uih 'no3 3

Vexoloth 36
7 A nd t XXXIX kok

8
I5)(P-ihuih #-.
37
Volu bn Sh
lop1 li, A V.ije plu

2
Place /du

Date
Forms
18)gl4o Advocate f o . . l a n .
can be had at: The Bengaluru Advocates' C -Op. Society Ltd., Bengaluru-9. Ph.: 080-22217361
 IN THE COURT OF THE CITY CIVIL
JUDGE
AT BANGALORE
O.S. NO /202
BETWEEN

SRI. S N MAHESH
S/O SRI NAGESH R SHETTY
AGED ABOUT 42 YEARS
RESIDINGAT NO.3
5 CROSS, NEAR H.M.R. SCH0OL
JNANA JYOTHI NAGAR
BANGALORE - 560 056 PLAINTIFF

AND

KRISHNA MURTHY
SON OF SRI. RAMANJANAPPA
AGED ABOUT 47 YEARS
RIAT NO.426, JANATHA COLONY
KEREGUNTE, MALATHAHALLI
YASHAWANTHA PURA HOBLI
BANGALORE NORTH TALUK, BANGALORE .DEFENDANT

MEMORANDUM OF PLAINT UNDER SECTION 26 UNDER ORDER VII

RULE 1 OF THE CODE OF CIVIL PROCEDURE:

The Plaintiff abovenamed respectfully submit as follows

The addresses of the parties for the purposes of issue of summons, notices from
this Honourable Court is as stated in the cause title above and the plaintiff may also be
served through his advocate Sri. S.N. Madhu, Advocate, No.94/1A, 2nd A Cross, 3rd
Phase, 6th Block, 3rd Stage, B.S.K.. Kathriguppe, Near Ayappa Temple. Bangalore - 560
085.

2. The Plaintiff submit that the plaintiff is the owner in possession and enjoyment of
the residential property bearing No.3, Katha No.45/2, situated at Malathahalli
Village, Yeshwanthapura Hobli, Bangalore North Taluk and now coming within
Bruhath Bangalore Mahanagara Palike ward No.129, Jnanabharathi Ward, and
coming within Jnana Jyothi Nagar, Bangalore 560 056 measuring about
East to West 30 Feet and North to South 40 Feet in all measuring about 1200

square feets, and the same is morefully described in the schedule hereunder
and hereinafter called as the Suit Schedule Property having purchased the

same from its earlier owner Sri. Ramanjanappa and M.N. Muniraju both sons
of Nanjappa for a valuable sale consideration and got executed a
registered sale
deed dated 24.03.2000 in the plaintiff's favour through their General Power of

Aalu C.
 resisted
and with the help of the neighbours
Holder Smt.Kamala, Wife of Sri. Doni Channabasappa registered
Attorney
as
this plaintiff with great difficulty
170 to 177 defendant and his henchmen and
immediately they
in Book 1, Volume 6254 at pages unlawful acts of the
Document No.13851/99-2000, the
dire
North Taluk on the plaintiff. his wife and children with
and the same is registered before the Sub-registrar, Bangalore fled the scen threatening
demands of vacating
08.06.2000. The plaintiff further submits that after the purchase
of the suit if the plaintiff did not yield to their illegal
consequences
to them and further
the defendant
schedule property as stated supra the plaintiff got the katha of the sut the suit schedule property
and handed over

made in his name in the concerned revenue records

of the their hands if his illegal demands
schedule property has given life threats in
and his henchmen
paying the taxes to the and his henchmen
Bruhath Bangalore Mahanagara Palike and is
not met. the original photographs
showing the defendant
is
authorities as and when it fell due The Plaintiff is herewith herewith produced
concerned revenue wall alongwith C.D is
demolishing the part of the compound
this
producing the original Sale deed dated 24.3.2000, Katha of the schedule
"DOcUMENT N06 TO 10 for the kind perusal of
and marked as

property, latest tax paid receipt as "DOCUMENT NO.1 TO 3' or the kind went to the jurisdictional
Honourable Court Purther, Immediately the plaintiff
perusal of this Honourable Court the defendant and his
henchmen
statiorn to lodge the complaint against
police to c o m e
to the plaintiff
of the station informed
charge
further submits that after purchase of the suit schedule and the police officer in
3 The plaintiff the containment zone and
over the suit 2020 the station is coming within
property the plaintiff has got constructed a residential premisres ofn4 of July.
as
went to the
on 4h of July, 2020
schedule property for his living with his family and now also the plaintiff is instructions the plaintiff again
as per their in charge of the
all but the police officer
living in the suit schedule property alongwith his family members cxercisiftg police lodgr the complaint
station to
take the
and later refused to
rights of ownership over the same till today without any hindrance
from any to wait for o n e hour
station askrd the plaintiff
of its purchasc The Plaintiff to the concerned
quarter including from his vendora from the datc has sent the complaint
complaint arnd hence the plaintiff
is herewith producing the latest clectricity consumption bill and payment of the complaint alongwith
in the suit schedule premiscs and
police by RPAD on
on
05 07 2020 and the copy
receipt to show that the plaintiff is residing a s "DOCUMENT NO
10 TO 13" for the kind
"DOCUMENT NO 4 and 5" for the kind postal rrceipt is herewith produced
the same is herewith produoed as

peruaal of thas ionourabie Court

perusal of this Honourable Court

of the suit
fron the date of the purchase
the The plaintiff suben1ts that
The Plaintiff submits that the defendant is a totally strangcr to
schedule
the taxes of the si
who rose other than one scheduic ty the plaint1ff is been paying
pen
plaintiff and claiming to be the son of Ramanjanappa s in rhe
schedule property also s
ty and khatha of the
suit
property r
of the vendor of this plaintifT have no manner of rnght, titie or interest over the
nda
the land prices the
Suit Schedule property is unauthorisedly uryng to eapass over thr suit ameof aintiffbecause of the rise in
On d
lawful pos
schedule property alongwith the anti soCial ciements in tbe arca arnd interfer trying to caten the plaintuff. interfere with the
brow back the
over the suit
plaint1f! dule property and
sc
with the peaceful possession and enjoyment of the sut scheduie property by crjoyment of the
the plaintiff went to
schedule prop ty and when
the plaintifl Further, the defendant, on 28.06 2000 at about 10.30 AM un the plaintaff to part with the suit
defendant
the jurisdactional police station to lodgr th nplaint against the
morning all with his henchmen came near sut scheduie
property »tetn this
receive cor tand the relief should
but the policr author1ty refused to
plaintiff and family were not there and tried to brokr down the maun door of the
of law these circur .e plaintiff is constrained
be sought in the court in
suit schedule premises and when the neighbours of the suut schedule premises
this Honourable Court o r t e relief of permanent injunction
came out the defendant and his henchmen ummediately fled the secn and again to approach
against the delendant
on 01.07.2020 the defendant alongwith his henchmen came to the sut
schedule premises at about 3.00 P.M in the afternoon and antentonally brokr
that the dule property was purchased on

the campound wall and tried to trespass over the sut schedule property and The plaintiff submits st

al C
 2 3
resisted
with the help of the neighbours
Attorney Holder Smt.Kamala, Wife of Sri. Doni Channa basappa registered as this plaintiff with great difficulty and
they
and his henchmen and immediately
Document No.13851/99-2000, in Book 1, Volume 6254 at pages 170 to 177
the unlawful acts of the defendant
with dire
North Taluk his wife and children
and the same is registered before thc Sub-registrar. Bangalore on
ned the scen threatening the plaintiff.
of the their illegal demands of vacating
08.06.2000. The plaintiff further submits that after the purchase sut
consequences if the plaintiff did not yield to

further the defendant

of the them and
schedule property as stated supra the plaintiff got the katha Suit
the suit schedule property and
handed over to
demands
in the concerned revenuc records of the their hands if his illegal
schedule property made in his name
and his henchmen has given ife threats in

henchmen
Palike and the taxes to the the defendant and his
Bruhath Bangalore Mahanagara is pay1ng
is not met. the original photographs showing
and when it fell due The Plaintiff is herewith C.D is herewith produced
concerned revenue authorities as the compound wall alongwith
demolishng the part of of this
Katha of the schedule for the kind perusal
producing the original Sale deed dated 24.3.2000. and marked a s
DOCUMENT NO 6 TO 10
TO 3 for the kitnd jurisdictional
property, latest tax paid receipt as "DOCUMENT NO1
Further. Immediately
the plaintiff went to the
Honourable Court henchmen
Court defendant and his
perusal of this Honourable
against the
station to lodge the complaint
police to c o m e
station informed to the plaintiff
in charge of the
of the suit schedule and the police officer and
3. The plaintiff further submits that after purchase s t a t i o n is coming
within the
containment zone

oet the suit of July. 2020 a s the the

constructed s residential premiscs on
4 2020 went to
property the plaintiff has got orn 4th of July,
also the plaintiff is instructions the plaintiff again
schedule property for his living with his family and now a s per their
the police officer
in charge of
the

his family members caercisitg

all
statiorn to loddgr
the complaint but
living in the suit schedule property alongwith police refused to take the
hour and later
without any hindrance from any plaintiff to wait for o n e
over the same till today asked the concerned
rights of ownership The Plaintiff
station
has sent the complaint
to the
sts purchasc r n c e the plaintiff
his vendors from the date of complaint and
quarter including from of the complaint
alongwith
consumptaon bill
and payment 2020 and the copy
herewith producing the latest clectricity R P A D on o n 05 07 kind
is prolace bry " D O C U M E N T NO. 10
TO 13" for the
the suit schedule premises and
to show that the plaintiff is residing in herewith proeduced as
receipt for the icand postal recept
is

"DOCUMENT NO4 and 5

the same is herewith produced as BHonourable
Court
perusal of thas
Honourable Court
perusal of this of the suit
the date of the purchase
subenits that from
o the
The plarntaff of the s
schrdule

the defendant is a totally strangcr the taxes

The Plaintifí submita that y the plaintaff is bcen paying
s in the
none other than one
sic~vrdule
pen property also
s
to be the son of Ramanjanappa uwho khatha of the suit schedule
plaintiff and claining iy and nda
or uterest over the peoperty the land prices
the
of rght, tutie the rise in
of the vendor of this plaintiff have no
mannet iame of aintiff because of ion d
ove the suit with the lawful pos:
unauthorisedly tryng to trespass plaintiff.
interfere
i8 the the
Suit Schedule property trying to arcaten
and brow back
and intersere dule property
schedule property alongwith
the anti social ciements in the area
of the plauntaff
over the suit sc went to
enjoyment when the plaintiff
of the suit schedulc property by suit schedule prop ty and
with the peaceful posscssion and cnyoyment
plaintaff to part with
the
the defendant
10.30 A M an the nplaint against
lodgr th
the plaintiff. Further, the defendant,
on 28.06 2000 at about the jurzsductsonal poluce station to
tand the relief should
property atcn
this receive cor
came near sit schedule refused to
but the police authority
henchmen constraincd
morning all with his is
d o n the main door of the these circur .c plaintiíf
were not there and tred to borokc the court of law in
injunction
plaintiff and family be sought an
relief of
permanent
te
of the suit schedule premises Honourable
Courtor

suit schedule premises

and when the neughbours this
fied the s e e n and agaut
toapproach
out the defendant and
his henchmen immediately against the delendant
came
henchmen came to the sut
defendant alongwith his on
on 01.07.2020 the was purchased
dule property
broior that the
and ntentaonaly
schedule premises at about 3 00 P.M in the afternoon
The plainuff subnits
over the suit schedule property arnd
tricd to trespass
the campound wall and
 Registered Sale deed and the plaintiff is in possession of
24.03.2000 through a
that this Honourable Court

WHEREFORE, the plaintif humbly prays

date of purchase and has not conveyed the
the suit schedule property from the his favour as under
a Judgement and Decrce in
third party The Khatha of the s u i t may be plcascd pass
suit schedule property in favour of any
of the plaintiff and he i s paving property
schedule property stands in the one claiming
name
and servants and any
detendant, his agents
to the concerned restraining the from
property regularly and
respect of the suit
schedulc schedule property
tax in him trom entering on suit
or under
the of the suit schedule through suit schedule
authorities till today. Prima-facie the plainiff is owner
enjoyment of the
the peaceful possession and
intefereing with
of the suit schedule property. It is respectfully
property and is in posscssion
property by the plaintiff.
submitted that the posscssion follows tic. The defendant has no
manner of
the suit scheGie property.
right, title or interest over
award Costs, and
fit and
Court deems
Honourable
relief/s as this
such other
to grant and equity.
the rclief of injunction as of justice
The Plaintiff submit that he is cntitled for
the interest
7. of the c a s e in
proper in the circumstances

to the suit schedulc property and as persons

who i s in
person having valid title PLAINTIFF

schedulc property The defendant

lawful and scttled possession over the suit ADVOCATE FdR PLAINTIFF

the scheduic property or to

of right, uitle or interest cither in suit
has no matter
the VERIFICATION
interfere with the peaceful posscssion and enjoyment of the plaintiff over

the contents
and state that
be permitted to interfere with the do hereby declare
suit schedule property. No one can bc lcgally , the plaintiff
abovenamed
of his
correct to the best
schcdulc property. The Threat is paragraphs are
tr and
the suit the above
possession of the plaintiff over containcd in

information and belief. Malu . d

immincnt. knowledge,

PLACE BANGALORE PLAINTIFF.

and his
8. The Cause of Action arosc on 28.06.2020 when the defendant
DATE 13 e
schedule property by broke opern the main
henchmen tried to trespass the suit

all other subscquent dates ill today

SCHED ULE
door and thereafter continously on

No.3, Katha
iential property bearing
that the suit schcdule property. the partacs are
All that piece and parcel of resi
The Plaintiff submit Yeshwanthapura Hobli, Bangalore
within the Malathahalli ill.
and the cause of action for filing of this suit arose
No.45/2. situated at
Mahanagara Palike
residing E ath Bangalore
Honourable Court Hence this Honourable Court has
North Taluk and now coming w
jurisdiction of this
within Jnana Jyothi Nagar,
omi
and entertain ths suit ward No.129,
Jnanabharathi Ward, n and North to
Jurisdiction to
try o West 30 Feet
Bangalore -560 056 measuring of a
u0 square feets, consisting
proceedings cither South 40 Feet in all meae

10 The Plaintiff submit that hc has not filed any suit or

.Ind bounded on
in respect of the sut schedule residential premises of aB
in the past or in the prescnt in any court

EAST BY
Prop traring No.2
property. Propertt aring No.4
WEST BY
Privat: Pr and
NORTH BY
11. The Plaintiff submit that necessary court fee has been paid as per
Road
SOUTH BY
separate valuation slip annexed.

PLACE BANGALORE PLAINTIFF.

ATE 13 3 P