AMENDED PLAINT
IN THE COURT OF HON’BLE IIND ADDL. SR.CIVIL JUDGE, RAICHUR
O.S. No. 106/2019
PLAINTIFF : SMT. SHARADA W/O. LATE BUDDAPPA, D/o. Late
K. Thimappa , Age-53 years, Occupation: House-
wife, R/o. H.No. 482, 16th Cross, Ist A Main Road,
CQAL Layout, Sahakarnagar Post, Bengalore-
560092.
VERSUS
DEFENDANTS: 1. NARASAMMA K W/O. LATE K. THIMMAPPA, Aged
About : 73 years, Occ: House-wife, R/o. H.No. 1-1-70,
Uday Nagar Colony, Station Road, Raichur. Ph:
918971470602.
2. MANJULA KABBER W/O. SHANKARAPPA
KABBER, D/O.LATE K. THIMMAPPA, Aged about: 51
years, Occu: Doctor, R/o. H.No. 628, A Block,
Sahakarnagar Bangalore-560092. Ph: 9845171986.
3. NIRMALA K W/O. RAKESH SAMPATH, D/O. LATE
K. THIMMAPPA, Aged about: 50 years, Occu:Software
Engieer, R/o. Purva Atria, Dollars Colony, R.M.V. 2nd
stage, Bangalore, Karnataka-560094. Ph:
9845177002.
4. SRINIVAS K. S/O. LATE K. THIMMAPPA, Aged
about : 48 years, Occ: Software Engineer
( Singapore), R/o.
H.No. Archana C W/o. Srinivas K. Coonoor Block,
Hill County, Nizampet Road, Hyderbad-500090. Ph:
006598307125, 879087103
5. RAMAKRISHNA K. S/O. LATE K. THIMMAPPA,
Aged about : 47 years, Occ: Doctor ( Dubai), R/o. Flat
No. 106, A1 Qusais, Sayeed Butti Building, Behind
Grand Dubai Hotel, Dubai-United Arab Emirates, Ph:
971 528404476.
CLAIM: SUIT FOR PARTITION AND SEPARATE POSSESSION ETC.
PLAINT UNDER ORDER VII RULE 1 OF CPC
The plaintiff above named most humbly submits as under.
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1. The name and address of the plaintiff and that of the defendants
are as shown in the cause title above for all –purposes. The name
and address of the counsel for the plaintiff is ANIL PATIL,
Advocate Raichur.
2. That, the defendant No.1 herein is the mother of defendant No. 2
to 5, as well as the plaintiff. The defendant No. 2 and 3 are the
sisters and the defendant No. 4 and 5 are the brothers of the
plaintiff. The Husband of the defendant No. 1 and the father of
the plaintiff and defendant No. 2 to 5 namely K. Thimappa S/o.
Late K Narasappa died in the year 2019, Dt: 1/1/2019
INSTESTAE leaving behind the plaintiff, defendant No. 1 to 5 as
his successors and legal representatives to him and his
properties. The family genealogy showing the details of the family
has been enclosed herewith as Annexture-A, and the same may
be treated as part and parcel of this plaint.
3. That, the plaintiff and Defendants No. 1 to 5 are belongs to Hindu
Religion and are governed by Hindu Law. Thus after the death of
said K. Thimmappa, the defendant No.1 being his widow wife,
plaintiff and defendant No. 2 to 5 being the children have become
the joint owners in possession of all the movable and immovable
properties rights over all the properties.
3-A. That, Late K. Thimmappa, Defendant No.1 and late K.
Hanumanthappa ( mother of late K. Thimappa) constituted Hindu
Undivided Joint Family in the year 1960 after the marriage of late
K. Thimmappa with K. Narasappa. At the time of constitution
of Hindu Undivided Joint Family , Late K. Thimappa was only
earning member of the Hindu Undivided Joint family and kartha
of the family and at that neither Late Hanumanthamma or K.
Narasappa had any source of income or had brought shreedhan
property from their fathers’ side. Late K. Thimappa during his life
time up to his death had managed the joint family affairs as
kartha of the Hindu Undivided Joint Family by bending his self
acquired income into the joint family fund of the family. At that
time and later years, neither defendant No.1 nor late K.
Hanumanthappa or other family members or daughters in law
had any source income ( i.e any shreedhan or self acquired
income ) in the Hindu Undivided Joint family. All suit schedule
properties items No. I to XXII were purchased by the family
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members in their names by the contribution of joint family fund
by the joint family members and also self acquired income of
late K. Thimappa blended into hotchpotch of joint family fund.
During life time of K. Thimappa and after his death there was no
partition took place of joint family properties by the joint family
members.
3-B. That during life time of late K.Thimmappa managed well
all family affairs of the joint family, he in order to avoid future
complications and welfare of family purchased all suit schedule
properties in the names of family members by the joint family
fund with the knowledge of all joint family members; and late K.
Thimappa was only has worldly affairs, therefore, all suit
properties were purchased in the names of joint family members
during life time of late K. Thimmappa with the presence,
knowledge and assistance of late K. Thimappa. At the time of late
K. Thimappa or after his death no partition took place in the joint
family members of all suit schedule joint family properties.
4. After the death of the father of the plaintiff, the defendant No. 1,
3, 4 and 5 have colluded with each other and have started to
mismanage the properties and are trying to register the
immovable properties on their names in concerned records and
are also trying to sell properties, making false gift deeds without
the consent of the plaintiff. The defendant No.1 mother of the
plaintiff is not educated and never had any source of income or
any ancestral property that belonged to her. All the properties
are the self acquired properties of the plaintiff father and there
were no ancestral properties that belonged to the Late
Thimmappa K.
5. That, after the death of the father of the plaintiff all the property
paper like sale deeds, Khata-Extract, mutation copies etc,
insurance documents and movables i.e. Gold and Silver articles,
Bank passbooks, ATM Cards, were immediately hidden by the
Defendant No. 4 at his residence in Hill country, Hyderbad and
after the enquiry by the plaintiff she came to know that the
defendant No. 3 and 4 had already taken the cash and gold
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articles from defendant No.1. The defendants No. 3 and 5 did
not allow the plaintiff to look at the property documents.
6. There are other properties in Raichur that belong to late.
Thimmappa K and plaintiff is unaware of the same. The all the
defendants grabbed all the documents.
7. That, the plaintiff’s husband passed away in the year 2007 in
Raichur. The plaintiff is currently living in Bangalore along.
However, she used to make frequent visits to Raichur i.e. her
parental home. The plaintiff is not financially stable due to poor
education and hence, her father during life has assured and
promised her that he will make partition and give share in all the
movable and immovable properties equally. Thus the plaintiff has
equal rights over the suit properties along with Defendants as co-
parener and joint owner in possession of the suit schedule
properties.
8. That thus from the above, it is clear that the plaintiff has equal
share in the movable and immovable properties described in the
schedule hereto below along with the all the defendants.
9. That, the plaintiff must get 1/6 th share in the suit properties. The
defendants No. 1,3, 4, 5 are in enjoyment of the suit schedule
properties and are enjoying the fruits of the same.
10. That, the defendants No. 1,3, 4 and 5 behind the back of
the plaintiff are trying to get their names mutated in the revenue
records. Further, the defendants are now trying to alienate the
suit properties to others and there by deprive the legitimate share
of the plaintiff in the suit schedule properties.
11. That, the plaintiff was not given proper education and was
married at the early age and the financial condition is not stable
as compared to all other defendants who are living a lavish life in
Bangalore and other countries. The plaintiff is living alone
without any source of income expect her husband’s family
pension, which is not at all sufficient to lead her life in Bangalore
city. She is living alone in a rented house and she needs to pay
the house rent, electricity bills, bear the medical expenditure and
house hold expenditure and she has to meet other unforeseen
expenditure every month. There are no savings, fixed deposits in
plaintiff’s account for any medical emergency. The plaintiff is
diabetic and hypertension patient. It has become extremely
difficult for her to meet all the above said expenditure every
month and hence she is bound to claim her legitimate share in
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the schedule properties as the legal heir of late K. Thimmappa to
lead a peaceful and comfortable life. She has been deprived of her
1/6th share of the income derived out of the schedule properties
belong to late K. Thimmappa and the plaintiff is undergoing sever
hardship every month to see that her household and other
medical expenditure is met with.
12. The plaintiff requested all the defendants to give her 1/6 th
share in the suit schedule properties and make partition
accordingly. But all the defendants are went on postponing the
same on one or other reason and are now denying her share. The
defendants No. 3 and 4 pressurized the plaintiff to sing some
documents in the house at Raichur and the plaintiff was not
allowed to read the documents. The plaintiff also received
threatening calls from the defendants no.1’s brother on 10 th May
2019 at 11.28 am. The plaintiff was warned and threatened not
to visit any offices in Raichur for any information on the
properties. The plaintiff was also informed that defendants are
least bothered even if the plaintiff files a partition case because
the defendants are self satisfied with their salaries and properties.
13. That, deceased, Thimmappa K had fully/partially funded
for the properties owned by Nirmala K. in Bangalore-2 flats which
are worth of nearly 2 crores INR and monthly gold scheme
payment in Krishaincheety’s jewelry shop and Srinivas K in
Hyderbad-4 bhk flat worth nearly 2 crores INR and furniture for
the flat, 2 plots in Hyderabad and also a 3 BHK flat in Woodlands
apartments Singapure which is more than 10 crores INR and
Ramakrishna K in Bangalore-2 plots which are worth of more
than 4 crore INR. The plaintiff received nothing from her father in
spite of financial issues.
14. That it is submitted that till date no partition has taken
place in between the plaintiff and all the defendants in respect of
the suit schedule properties.
15. That, above are the facts which constitute the cause of
action for the suit which arose finally on 02-04-2019 when the
plaintiff made the request for her 1/6 th share and sought for
partition and separate possession for which all the defendants did
not care and the same has arisen within the jurisdiction of this
Hon’ble court.
16. That all the defendants now in order to cause loss and
harassment to the plaintiff and they are trying to alienate the suit
properties to others and in this regard they are making serious
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efforts. The plaintiff enquires revealed that they are negotiating
with the prospective purchasers. If they succeed in their plan,
then the plaintiff will be to irreparable loss and it causes injuries
to my legal rights.
17. The suit is valued at Rs. 2,00,00,000/- being the total
market value of the suit schedule properties and 1/6 th share of
the plaintiff comes to Rs. 33, 00,000/- and the same has been
taken for the purpose of pecuniary jurisdiction and for the
purposes of the court fees, the same is valued U/Sec. 35(2) of the
KCF and SV Act and court fee of Rs. 200/- is paid on the plaint is
sufficient.
18. That, in view of the nature of the suit, the situation of the
suit properties and valuation of the suit the Hon’ble court is quite
competent to entertain the suit and grant the relief’s as prayed for
herein.
HENCE IT IS PRAYED,
That, the suit of the plaintiff be decreed with costs against
the defendants by granting the following decrees:
a). A decree for partition and separate possession be granted in favour
of the plaintiff entitling her 1/6 th share in the suit schedule properties
and the suit schedule properties be partitioned by metus and bounds
and the plaintiff be put in possession of the suit schedule properties
falling to her share on such partition.
b). The cost of the suit be awarded.
c) Any other relief or relief’s found suitable under the circumstances of
the case, may also be granted in favour of the plaintiff, for the ends of
justice.
Date: Plaintiff
Place: Raichur
SCHEDULE
DESCRIPTION OF THE PROPERTIES
I. The Residential House Property bearing MPL No. 1-1-71,
consisting of ground floor and first floor and measuring 1510
Sqft & situated at Uday Nagar, Station Road, Raichur.
( Which was standing in the anme of late K. Thimmappa).
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II. The Residential open plot property bearing plot No. 19,MPL
No. 1-4-1495/19, measuring 2400 Sqfts & survey No’s
1236/2 and 1238/2, Gangaparmeshwari colony, Yeragera
Road, Raichur.
( Which was standing in the name of late K. Thimmappa).
III. The Residential open plot property bearing plot No. 18,MPL
No. 1-4-1495/18, measuring 2400 Sqfts & survey No’s
1236/2 and 1238/2, Gangaparmeshwari colony, Yeragera
Road, Raichur.
( Which was standing in the name of late K. Thimmappa).
IV. The Residential open plot property bearing plot No. 14,MPL
No. 1-4-1495/14, measuring 2400 Sqfts & survey No’s
1236/2 and 1238/2, Gangaparmeshwari colony, Yeragera
Road, Raichur.
( Which was standing in the name of late K. Thimmappa).
V. The Residential House Property bearing MPL No. 1-1-72,
consisting of ground floor and first floor and measuring 1698
Sqfts and situated at Uday Nagar, Station Road, Raichur.
( Which was standing in the name of late K. Thimmappa)
VI. The Commercial Property bearing No. 12-9-127, situated at
Raichur city limits, measuring 600 Sqfts. ( Which was
standing in the name of late K. Thimappa).
VII. The Residential Two Flats properties bearing Nos. 8-5-
210/406,24, situated at Kukkatpally, Old Boinpally,
Hyderbad. ( Which was standing in the name of late K.
Thimmappa).
VIII. i. “Agriculture land bearing Sy. No. 451 Hissa 2, measuring 01
acres 23 guntas, Northern Portion , situated at Yeragera
village, Tq: Raichur and bounded by
East: Land of Galdi Gidda Shaksha’s land,
West: Land of Narasamma,
North: Remaining portion of Narasamma,
South: Land of Marthandappa Rao
( Under Regd. Sale deed No. 510/1989-90 dated 03-7-1989)
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ii. “Agriculture land bearing Sy. No. 451, measuring 02
acres 20 guntas, Western Portion , situated at Yeragera village,
Tq: Raichur and bounded by
East: Remaining portion of vendor,
West: Land of Narasamma W/o. K. Thimappa,
North: Remaining portion of vendor
South: Land of Narasamma W/o. K. Thimappa.
( Under Regd. Sale deed No. 214/1990-91 dated 10-05-90)”.
IX. The Agriculture land property bearing Sy.No. 451/*/7 Khata
No. 321, measuring 02 acres 29 guntas situated at Yeragera
village, Tq and Dist: Raichur. ( Which was standing in the
name of Defendant No.1).
X. i. Agriculture land bearing Sy. No. 450, measuring 02 acres
10 guntas, Northern Portion , situated at Yeragera village, Tq:
Raichur and bounded by
East: Land of Narasinga,
West: Road,
North: Remaining portion of vendor
South: Land of Marthand Rao
( Under Regd. Sale deed No. 282/1974-75 dated 13-05-1974)
ii. Land Sy. No. 450, measuring 01 acres 20 guntas,
Northern portion (Sale deed No. 1552/75-76, dated 12-02-
1976).
iii. Agriculture land Sy. No. 450, measuring to the extent of 10
guntas out of total extent of 04 acres 15 guntas bounded by
East: Land of Vendor/Narasappa.
West: Road,
North: Remaining Portion ofVendor
South: 02 acres 10 guntas of Narasamma
W/o. K. Thimappa.
iv. Agriculture land Sy. No. 450, measuring to the extent of 30
guntas out of total extent of 04 acres 15 guntas bounded by
East: Land of Vendor/Narasappa.
West: Road,
North: Remaining Portion ofVendor
South: 02 acres 10 guntas of Narasamma W/o. K.
Thimappa. (Sale deed No. 1820/1974-75 dated 16-01-1974)
XI. Item No. XI Residential House building consisting of Ground
Floor and First Floor, constructed on plot No. 22, MPL No. 1-
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1-40/22 (Old), 1-1-70 (new), measuring 30 ft x 60 ft = 1800
Sqft, situated at Station Area, Mahaboob Gulshan Layout also
known as Udaya Nagar, Raichur and bounded by
East: Open Plot,
West: House bearing MPl No. 1-1-71,
North: House bearing MPl No. 1-1-71/1.
South : Road
( Regd. Sale deed No. 930/1977-78 dated 13-10-1977 at
Raichur of plot No. 22 and 23).”
Residential House building consisting of Ground Floor and
First Floor, constructed on plot No. 23, MPL No. 1-1-41/23
(Old), 1-1-71 (new), measuring 30 ft x 60 ft = 1800 Sqft,
situated at Station Area, Mahaboob Gulshan Layout also
known as Udaya Nagar, Raichur and bounded by
East: Open Plot,
West: House bearing MPl No. 1-1-71/B,
North: House bearing MPl No. 1-1-71/1 and Road.
South: Road
( Regd. Sale deed No. 1979/19801 dated 23-02-1981).
XII. Apartment bearing No. 00 5 ‘ C-1’ Type, measuring 1256 Sqfts
(undivided share 393/3,4,480 Sqfts, Daffodil Block, on the
ground floor in the Apartment Building known as “ Alpine
Pyramid” constructed in the property described in the
Schedule “ A” property situated in residential site bearing
BBMP Khata No. 1554/209/3,4,6,8, total measuring
3,48,480/- and formed out of converted land bearing Sy.No.
209/3, 209/4,209/8,209/6 and 209/7 of Kodigehalli village,
Yelahanka Hobli, Bangalore North Taluk, in all measuring
3,48,480 Sqfts and common bounded by
East: Road, West: Canara Bank Layout,
North: Canara Bank Layout, South: Private Property”.
( Under Regd. Sale deed No. 3907/2013-14 dated 8 th day of
August,2013 before Sub-Registrar of Byatarayanpura).
XIII. The property bearing Flat No. E-107, situated at First Floor,
Mantri Alpine, Uttarahalli main Road, Banashankari V stage
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Bangalore South, Taluka-560061. ( Which was standing in the
name of Defendant No.3).
XIV. Commercial property bearing MPl No. 11-1-6/16, constructed
on plot No. 16, measuring East-West= 15 ft 4.5 inches and
North-South=
25 ft 3 inch + 22 ft 3 inch , (plinth area is 363.56 Sqfts)
2,
situated at Lingasugur Road and bounded by
East: Road,
West: Plot No.15
North: Road,
South: Plot No. 14.
XV. The Commercial property bearing No. # 30, measuring 288
Sqfts and situated at Block No. 2, South Main Road Gunj
Area-31, Raichur.
( Which was standing in the name of Defendant No.4).
XVI. Commercial building No. 12-7-132/19, measuring 15 ft x 30
ft, situated in land Sy.No. 216, Gowshala Road, Siyatalab,
Raichur and bounded by
East: Gowshala Road, West: Plot No. 32
North: Plot No. 20, South: Plot No. 18.
XVII. Site bearing 538 ( F, Block) BBMP Khata No. 441/536/538
(new), BBMP Khata No. 441/536 (Old), measuring 60 ft x 40
ft, in all measuring 240 Sqfts, situated in the layout of
Ministry of Communication Employees Co-Opearative Housing
Society Ltd., Bangalore, and bounded by
East: Road, West: Site No. 554,
North: Site No. 537, South : Site No. 539
XVIII. Residential house property bearing Site No. 22, BBMP Khata
No. 1466/212/22, measuring 40 ft x 60 ft, totally measuring
2400 Sqfts, formed out in Sy.No. 212, situated at Kodigehalli
village, Hobli: Yelahanka, Bangalore North Tq, Dist: Raichur
and bounded by
East: Site No. 23, West: Site No. 21,
North: Site No. 39, South: Road.
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XIX. The property No.4 BHK Flat, Situated at Hill County,
Nizampet Road, Hyderabad-500090 (Which was standing in
the name of Defendant No.5’s wife by name C. Archana W/o.
K. Srinivas).
XX. The Agriculture land, measuring 04 acres, situated at Dandu
village, Yermarus, Raichur ( Stands in the name of late K.
Thimmappa and Defendant No.4 has property documents).
XXI. The defendants No. 1,3, 4 and 5 are taking the profit like lease
amount from the Agriculture lands and Rent from Commercial
as well as Residential properties approximately the defendants
No. 1,3,4 and 5 are all receiving an annual income of Rs. 10
lakhs from the sais scheduled properties. ( I to XX ).
XXII. That there are movable properties also standing in the name of
late K. Thimappa S/o. Late K. Narasappa which are being
used by the defendants No. 1,3, 4 and 5 are like gold and
silver ornaments, White Alto Car ( KA50P5383), to wheelers,
teak wood furnitures’ etc,.
XXIII. BANK ACCOUNT DETAILS OF THE LATE K. THIMMAPPA
WHICH THE PLAINTIFF HAVE GENERALLY AS FOLLOWS:
A. State Bank of India Branch, Raichur, A/c. No.
78250194771 and Locker.
B. Indian Bank Branch Raichur, Savings A/c. No. 460170488
and Recurring Deposit No. 6529263365.
C. Indian Bank Branch Kodigehalli,Bangalore, A/c. No.
63410207556.
D. That, Late K. Thimmappa S/o. Late K. Narasappa was
having other accounts in Corporate Bank Branch
Sahakarnagar, Post Office, HDFC Bank, Canara Bank in
Raichur as well as at Bangalore, but the bank are not
providing details to the plaintiff.
E. There are other saving schemes and shares on Late K.
Thimappa and the documents are with Defendant No. 4.
Date: Plaintiff
Place: Raichur.
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VERIFICATION
I, the above named plaintiff do herein declares that contents of
the above plaint at para No. 1 to 18, description of the schedule, and
prayer are true and correct to the best of my knowledge, belief and as
per information received and I believe them to be true and correct.
Hence verified.
Date: Plaintiff
Place: Raichur.
Through ( Sharada )
Advocate
Amended plaint is submitted on this day month as per
order of Hon’ble court dated on I.A. No. .
Advocate
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BEFORE THE HON’BLE COURT IIND ADDL. CIVIL JUDGE SR. CIVIL
JUDGE, RAICHUR
O.S. No.106/2019
Smt. Sharada Vs. Smt. Narasamma and others
MEMO
The counsel for plaintiff herein files amended plaint as per
order of Hon’ble court dated on I.A.No. .
Hence this memo.
Place: Raichur Counsel for plaintiff
Date:
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