IN THE COURT OF PRINCIPAL CIVIL JUDGE AT THIRUVALLUR

I.A.No. of 2018

In

O.S.No.95 of 2012

Edward Selvakumar
S/o S.K.John,
No. 12, Vivekananda street,
Charles Nagar,
Pattabhiram,
Chennai – 600 072. … Petitioner/ Plaintiff

VS
1. Gunavathy,
D/o S.K.John,
Door No.42, Kalaivanan Street,
Sharma Nagar,
Vyasarpadi
Chennai- 600 039

2. Violet,
D/o S.K.John,
Door No.42, Kalaivanan Street,
Sharma Nagar,
Vyasarpadi
Chennai- 600 039

3. Annapoornai,
D/o S.K.John,
No.20, Mastry Street
Otteri,
Chennai- 600 039

4. Elizabeth,
D/o S.K.John,
No.24, Masq Street,
Dasamakkan,
Otteri
Chennai- 600 039

5. J.Rajasekaran
No.29, Sekkadu main Road,
Avadi,
Thiruvallur District

6. Minor. Sharmila aged about 13 years,

D/o Paul VIttaker,

7. Minor.Justinder aged about 11 years,

S/o Paul Vittaker
Defendant 6 and 7 are the legal heirs of Paul Vittaker,
Represented by their mother and natural Guardian,
Vastika Roopavathi
Door no. 47, Kalaivanan Street,
Sharma Nagar
Vyasarpadi,
Chennai – 600 039.

8. Authorized Officer
IDBI BANK LIMITED
115, Anna Salai,
P.B.No.805, Saidapet
Chennai – 600 015 …Respondents/ Defendants

AFFIDAVIT OF Mr.EDWARD SELVAKUMAR

I, Edward Selvakumar S /o S.K.John, Christian, aged about 51

years, residing at No. 12, Vivekananda Street, Charles Nagar,
Pattabhiram, Chennai – 600 072 do hereby solemnly affirm and
sincerely state as follows:

1. I state that I am the petitioner herein and plaintiff in the above suit
and such I am well acquainted with the facts of the case.

2. I state that the Suit for a preliminary decree for partition and
permanent injunction against the 8th respondent/ defendant herein
and consequential reliefs.

3. I state that the property bearing door no. 29, Sekkadu Main road,
Avadi, Thiruvallur District more fully described in the plaint
schedule originally belongs to S.K.John my father and the
respondents/ defendants 1 to 5 and grand children of S.K.John
being Respondents 6-7. The said S.K.John died on 18.08.1992
leaving behind his wife Jayamary and his 4 daughters and 3 sons
as his only surviving legal heirs. I state that the wife of said
S.K.John, Jayamary died on 02.09.2010. subsequently the said
Paul Victor died on leaving behind his two minor children the 6 th
and 7th respondents/defendants as his surviving legal heir while
the deceased Paul Victor, wife Vatika Roopavathy had soon after
the death of her husband re-married again and hence ceased to
be the legal heir.

4. I state that my father was residing in the suit schedule property till
his demise. My eldest bother, the 5 th respondent/defendant herein
resided along with my parents in the suit schedule property. In fact
after my father’s death the 5th respondent/defendant had buried my
father mortal remains in the suit schedule property and put up a
tomb which lies on the survey No. 170/4- A of the suit schedule
property. Taking advantage of the situation my brother, 5 th
Respondent herein fraudulently obtained a settlement from my
mother Jayamary In his favour. Subsequently when my mother
died, the 5th respondent/defendant buried my mother’s corpse next
 to my father’s tomb. The 5th respondent/defendant was taking take
of the suit schedule property and resided there. Subsequently the
5th respondent/defendant let out a portion of the suit schedule
property was let out to an orphanage on lease.

5. I state that while so, I was shocked to see the paper publication
bringing the schedule mentioned property for a sale by the 8 th
respondent/defendant herein in the English daily news paper
“INDIAN EXPRESS’’ dated 29.07.2011. When I confronted the 5 th
respondent/defendant he assured me that the schedule property
was never given for mortgage.

6. I state that all the parties to the suit are Christians and all are
surviving legal heirs of S.K.John and Jayamary and all are entitled
to share in the suit schedule mentioned property. Myself and the
respondents/defendants 1 to 7 are none other than the surviving
legal heirs of the deceased S.K.John, Jayamary and Paul Victor.
The respondents/defendants 6 and 7 are the children of Paul
Victor and grand children of the deceased S.K.John and
Jayamary. Myself and the respondents/defendants 1 to 5 are
entitled 1/7th share and respondents/defendants 6 and 7 each are
entitled to 1/14th share in the schedule mentioned property.

7. I state that I have no knowledge of the mortgage. The 8 th

respondent/ defendant had proceeded against the suit property
whereas the said mortgage is null and void in as much as it is
obtained by fraud and collusion. The 8th respondent/defendant
fraudulently is trying to dispose the property. Hence I was
constrained to file the present suit for partition of the suit schedule
property by metes and bounds and allot my 1/7th share in the suit
schedule property.

8. I respectfully submit that I also filed I.A. 349 of 2012 for an

injunction restraining the respondent from putting up the property
for auction. A counter was also filed by the 8 th
respondent/defendant on 26.02.2013 where in they made false
and frivolous allegations. However they have admitted that the suit
schedule property originally belonged to my deceased father
S.K.John and that on 17.02.2003 my mother Jayamary executed a
settlement deed in favor of the 5 th respondent/defendant. I state
the I.A. 349 of 2012 is pending for enquiry and posted for hearing
o 27.01.2014. in the meantime on 04.01.2014 the 8 th
respondent/defendant in total violation as now brought the suit
schedule property for auction with total dis-regard to the pendency
of suit. The said auction was advertised in the DAILY THANTHI on
04.01.2014 stating that the auction is scheduled on 24.01.2014. I
came to know about the said auction through my friend. As soon
as I come to know, I have filed the above Suit and rightly this
Hon’ble Court has allowed the Interim Injunction Petition as
against the 8th Defendant herein and passed preliminary decree of
each legal heir entitled to 1/6th share in the schedule property.
 9. I submit that unless an Advocate Commissioner is not appointed
by this Hon’ble Court to measure and divide the schedule
mentioned properties by metes and bounds and suggesting for the
division of the suit property by allotting 1/7 th to Petitioner herein
and to Respondents 1-6 herein and another 1/7 th share to
Respondents 6-7 herein, I will be put to serious and irreparable
hardship. On the contrary no loss or hardship would be caused to
the Respondents if the present application is allowed and as a
matter of fact, it would only be beneficial to the Respondents if the
present application is allowed. Hence in all probabilities the
present applications has to be allowed.

Hence under these circumstances, I pray that this Hon’ble Court may
be pleased to -

1. To appoint an Advocate Commissioner for effecting the partition in terms

of the preliminary decree by measuring and dividing the schedule
mentioned properties by metes and bounds and suggest for the division of
the suit property by allotting 1/7 th share each to the Respondents 1-5 and
the Petitioner herein and another 1/7th share to Respondents 6-7,

2. To pass final decree of partition embodying the Commissioner’s report

and to deliver possession to the Petitioner in accordance with the
Commissioner’s report.

3. To pass an order directing the Defendants to pay the costs of this suit
and pass such further or other orders as this Hon’ble Court may deem fit
and just and thereby render justice.

Solemnly affirmed at Chennai on ]

Before me,
This the 18th day of April, 2018 and ]
Signed his name in my presence. ]

Advocate : Thiruvallur.
 IN THE COURT OF PRINCIPAL CIVIL JUDGE AT THIRUVALLUR

I.A.No. of 2018

In

O.S.No.95 of 2012

Edward Selvakumar
S/o S.K.John,
No. 12, Vivekananda street,
Charles Nagar,
Pattabhiram,
Chennai – 600 072. … Petitioner/ Plaintiff

VS
1. Gunavathy,
D/o S.K.John,
Door No.42, Kalaivanan Street,
Sharma Nagar,
Vyasarpadi
Chennai- 600 039

2. Violet,
D/o S.K.John,
Door No.42, Kalaivanan Street,
Sharma Nagar,
Vyasarpadi
Chennai- 600 039

3. Annapoornai,
D/o S.K.John,
No.20, Mastry Street
Otteri,
Chennai- 600 039

4. Elizabeth,
D/o S.K.John,
No.24, Masq Street,
Dasamakkan,
Otteri
Chennai- 600 039

5. J.Rajasekaran
No.29, Sekkadu main Road,
Avadi,
Thiruvallur District

6. Minor. Sharmila aged about 13 years,

D/o Paul VIttaker,

7. Minor.Justinder aged about 11 years,

S/o Paul Vittaker
 Defendant 6 and 7 are the legal heirs of Paul Vittaker,
Represented by their mother and natural Guardian,
Vastika Roopavathi
Door no. 47, Kalaivanan Street,
Sharma Nagar
Vyasarpadi,
Chennai – 600 039.
…Respondents/ Defendants 1-7

PETITION FILED UNDER ORDER XXVI RULE 10 OF C.P.C.

Under these circumstances, I pray that this Hon’ble Court may be

pleased to appoint an Advocate Commissioner for effecting the partition in
terms of the preliminary decree by measuring and dividing the schedule
mentioned properties by metes and bounds and suggest for the division of
the suit property by allotting 1/7 th share each to the Respondents 1-5 and
the Petitioner herein and another 1/7 th share to Respondents 6-7 herein and
thus render justice.

Dated at Chennai on this the 18th day of April, 2018.

COUNSEL FOR PETITIONER/PLAINTIFF

 IN THE COURT OF PRINCIPAL CIVIL JUDGE AT THIRUVALLUR

I.A.No. of 2018

In

O.S.No.95 of 2012

Edward Selvakumar
S/o S.K.John,
No. 12, Vivekananda street,
Charles Nagar,
Pattabhiram,
Chennai – 600 072. … Petitioner/ Plaintiff

VS
1. Gunavathy,
D/o S.K.John,
Door No.42, Kalaivanan Street,
Sharma Nagar,
Vyasarpadi
Chennai- 600 039

2. Violet,
D/o S.K.John,
Door No.42, Kalaivanan Street,
Sharma Nagar,
Vyasarpadi
Chennai- 600 039

3. Annapoornai,
D/o S.K.John,
No.20, Mastry Street
Otteri,
Chennai- 600 039

4. Elizabeth,
D/o S.K.John,
No.24, Masq Street,
Dasamakkan,
Otteri
Chennai- 600 039

5. J.Rajasekaran
No.29, Sekkadu main Road,
Avadi,
Thiruvallur District

6. Minor. Sharmila aged about 13 years,

D/o Paul VIttaker,

7. Minor.Justinder aged about 11 years,

S/o Paul Vittaker
 Defendant 6 and 7 are the legal heirs of Paul Vittaker,
Represented by their mother and natural Guardian,
Vastika Roopavathi
Door no. 47, Kalaivanan Street,
Sharma Nagar
Vyasarpadi,
Chennai – 600 039.
…Respondents/ Defendants 1-7

PETITION FILED UNDER SECTION 151 OF C.P.C.

Under these circumstances, I pray that this Hon’ble Court may be

pleased to pass final decree of partition embodying the Commissioner’s
report and to deliver possession to the Petitioner herein in accordance with
the Commissioner’s report and thus render justice.

Dated at Chennai on this the 18th day of April, 2018.

COUNSEL FOR PETITIONER/PLAINTIFF

IN THE COURT OF PRINCIPAL
CIVIL JUDGE AT THIRUVALLUR

I.A.No. of 2018

In

O.S.No. 95 of 2012

Edward Selvakumar

… Petitioner/ Plaintiff

-Vs-

Gunavathy,
And 7 others

…Respondents/ Defendants

PETITION TO APPOINT
AN ADVOCATE
COMMISSIONER
Counsel for Petitioner/
Plaintiff