IN THE HONOURABLE COURT OF THE JUNIOR CIVIL JUDGE AT

GAJAPATHINAGARAM
O.S. NO: /2020
Between:
1. Smt. Illapu Kalyani
2. Smt. Illapu Triveni
3. Smt. Illapu Pushpa
And :
1. Illapu Ramu Naidu
2. Illapu Seethamma
3. Illapu Lakhmi
PLAINT PRESENTED BY THE ABOVE NAMED PLAINTIFF OUDER ORDER VII RULE I
AND SECTION 26 OF C.P.C.
1. THE PLAINTIFF IS:-
1.Smt. Illapu Kalyani, W/o late Appala Raju, Hindu, House wife, aged about 48
years, R/o Maruvada Kothavalsa village, Bondapalli Mandal, Vizianagaram district.
2. Smt. Illapu Pushpa , D/o late Appala Raju, w/o Bevara Gowreeswara Rao @ ,
Hindu, House wife, aged about 24 years, R/o Kannam village, Dattirajeru Mandal,
Vizianagaram district.
3.Smt. Illapu Triveni D/o late Appala Raju, Hindu, aged about 20 years, R/o
Maruvada Kothavalsa village, Bondapalli Mandal, Vizianagaram district .
The addresses of the plaintiffs are for the purpose of service of all notices, etc,
are as stated above and care of their AdvocateS Sri B. NARASIMHA MURTHY & V.
DEMUDU BABU, Vizianagaram.
II. THE DEFENDANTS ARE:
1. Sri. Illapu Ramu Naidu S o / late Satyam, Hindu, Cultivation, aged about 55
years, R/o Maruvada Kothavalsa village, Bondapalli Mandal, Vizianagaram
district.
2. Smt. Illapu Seethamma, W o / late Satyam, Hindu, House wife, aged about
74 years, R/o Maruvada Kothavalsa village, Bondapalli Mandal,
Vizianagaram district.
3. Smt. Illapu Lakshmi D/o Ramu Naidu, w/o Laxmu Naidu, Hindu, housewife,
aged about 24 years, R/o Lingalavalsa village, Padmanabham Mandal,
Vizianagaram district.

The addresses of the defendants for the purpose of service of all notices
etc., are as stated above.
III PARTICULARS OF THE PLAINT:-
a. The plaintiffs submit that one Illapu Appala Raju who is the husband of the
1st plaintiff and the father of the plaintiff No.2 and 3 and the 1 st defendant
are the two sons of the 2nd defendant by name Illapu Seethamma through
her husband Illapu Satyam. It is further submit that during the life time of
the said Illapu Satyam, he succeeded some landed properties situated at
Maruvada Kothavalsa village from his father Illapu Appalaswamy including
the plaint schedule property which is morefully described in the schedule,
which may kindly be read as part of this plaint and during the life time of
Illapu Satyam I,.e., at about 10 years back as a kartha of the Hindu joint
family, he gave some part of his ancestral property to his two sons i.,e., the
husband of the 1st plaintiff and father of the plaintiff No; 2and 3 by name
Illapu Appa Raju and 1st defendant for their lively hood and kept the plaint
schedule propertyhim for his maintaince with an understanding that the
plaint schedule property should be divided equally between his two sons
after his death.
b. It is further submit that the 2nd son of the said Illapu Satyam by name Illapu
Appala Raju predeceased his father leaving behind him the plaintiffs as his
class-1 legal heirs for his entire estate including his un divided share in the
plaint schedule property. It is further submit that the said Illapu Satyam
died at about 8 years back, leaving behind him his wife Seethamma who is
the 2nd defendant herein and his elder son the 1 st defendant and the
plaintiffs 1 to 3 as his class-1 legal heirs for his entire estate including the
plaint schedule property.
c. It is further submit that after the death of the said Illapu Satyam the plaint
schedule property is in joint possession and enjoyment of both the plaintiff
and the defendants. It is further submits that the plaintiffs reliably learnt
that the 1st defendant who is an elderly male member in the joint family,
with an evil idea is making hectic preparations to alienate the plaint
schedule property to his married daughter by name Pinninti Lakshmi w/o
Laxmu Naidu, who is the 3rd defendant in this suit as if he an absolute
owner of the same, ignoring the legitimate shares of the plaintiffs in the
said property with a view to defeat their rights for which he has no right
and he is acting detriment to the rights of the plaintiffs in the suit schedule
property and therefore the plaintiffs submit that they felt it is not safe to
keep the plaint schedule property in joint with the plaintiffs. It is further
 submit that did not claim any relief against the 3 rd defendant and she is
shown as proforma party in this suit

d. The plaintiffs further submits that during the last week of july, 2020, the
plaintiffs have demanded the defendants No: 1 and 2 through village elders for
partition the plaint schedule property and to allot their share, for which all the
defendants No: 1 and are admitted to partitioned the plaint schedule properties
and postponing the same on some pretext or the other, for which the plaintiffs
got issued legal notice on 10-08-2020 to the defendants demanding them to
partition the plaint schedule properties and allot one such share to the plaintiffs
herein, the defendants received the said noticeses and they did not gave any
reply, the plaintiff further submit that the 1st defendant with support of the 2nd
defendant is making hectic preparation to alienate the plaint schedule properties
to the 3rd defendant, ignoring the rights of the plaintiffs and as such the plaintiffs
are obliged to file this suit before this Honourable court to partition of the plaint
schedule property.

e. The plaintiff therefore prays that the Honourable court may be pleased to
pass decree to divide the plaint schedule properties in to seven equal shares and
to allot each one ( 2/6th ) shares to the plaintiffs herein and to grant mean profits
for the last years and to direct the defendants to pay the same to the plaintiffs
along with costs of the suit in the interests of justice.

IV. The cause of action for the suit arose on when the mother of the plaintiffs
died at about 15 years back leaving her entire estate the plaint schedule
properties which are in joint possession and enjoyment of both the parties to the
suit and subsequently, when the plaintiffs raised a dispute before the elders and
demanded for partition of the plaint schedule properties including the legal notice
dated 05-03-2020 and when the defendants received the same and when they did
not make partition of the plaint schedule properties and at Gushini village,
Nellimarla Mandal, where the plaint schedule properties are situated with in the
jurisdiction of this Honourable court.

d. The plaintiffs therefore got issued a registered lawyers notice dated 10-08-
2020 to the defendants and the notecases were received by the defendants
and they did not give any reply. Therefore the plaintiff filed the suit for
partition of the plaint schedule property and for separate possession and
hence this suit.
 IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT
VIZIANAGARAM
O.S.NO: /2020
Between:-
1. Smt. Busara Padhma
2. Smt. Pothuraju Sarojini ------ Plaintiffs
And:-
1. Sri.Boni Thata
2. Smt. Boni Sandhya
3. Smt. Bani Madhavi
4. Kum. Boni Syamala
5. Sri Boni Surya Rao
6. Sri. Boni Sankara Rao
7. Smt. Gantana Satyavathi ------ Defendants

PLAINT FILED UNDER ORDER VII RULE I & SECTION 26 OF CIVIL PROCEDURE
CODE BY THE ABOVE NAMED PLAINTIFFS.
I. THE PLAINTIFFS ARE:-
1. Smt. Busara Padhma, w/o Ganesh, Hindu, aged about 40 years, housewife,
resident of Santhapeta Village, Bheemunipatnam Mandal, Visakhapatnam district.

2. Smt. Pothuraju Sarojini w/o Izal, Hindu aged about 38 years, housewife,
resident of Vyshnavi Appartments 1st Floor, 5th APSP post, Challuru Village, Denkada
Mandal, Vizianagaram district.

The addresses of the plaintiffs are for the purpose of service of all notices, etc,
are as stated above and care of their AdvocateS Sri M. PRABHAKARA RAO & S.
MAHESWARA RAO, Vizianagaram.
II. THE DEFENDANTS ARE-
1. Sri. Boni Thata S/o late Yerakayya, Hindu, aged about 70 years, cultivation,
resident of Tompalapeta Village, Kothapeta post, Nellimarla Mandal, Vizianagaram
district.
2. Smt. Boni Sandhya, w/o Tompalli Rama Rao, D/o late Boni Ramana, Hindu, aged
about 28 years, rest -- do -----,

3. Smt. Boni Madhavi w/o Basava Ganapathi, D/o late Boni Ramana, Hindu, aged
about 26 years, rest -- do -----,
4. Kum. Boni Syamala, D/o late Boni Ramana, Hindu, aged about 25 years, rest --
do -----,
5. Sri. Boni Surya Rao S/o Thata, Hindu, aged about 48 years, H.C-1405, S.P Office,
SC & ST Cell, Canatonment, Vizianagaram, rest ---- do -----.

6. Sri. Boni Sankara Rao S/o Thata, Hindu, aged about 46 years, private employee,
rest --- do ---,
7. Smt.Gantana Satyavathi, w/o Gantana Venkata Appa Rao, D/o Boni Thata,
Hindu, aged about 44 years, house wife, and resident of Munjeru Village,
Bhogapuram Mandal, Vizianagaram district.

The addresses of the defendants for the purpose of service of all notices etc.,
are as stated above.

III PARTICULARS OF THE PLAINT:-

a). The plaintiffs submits that the father of the defendants No: 2 to 4 by name
Boni Ramana, the defendants No: 5 to 7 and the plaintiffs are the children of the
1st defendant through his wife by name Boni Suramma. It is further submits that
the said Boni Suramma succeeded the plaint schedule lands from her father by
name Tompal Narayana as she is only his daughter and the said Tompala
Narayana was died about 20 years back, after his all his properties are devolved
on his only daughter Boni Suramma. The plaintiff further submits that the said
Boni Suramma also died inteste at about 15 years back leaving behind her the
plaintiffs and the defendants herein as her class-1 legal heirs for her entire estate
which is decribed in the plaint schedule may be read as part of this plaint.
b) The plaintiffs further submits that the said Boni Ramana and his wife Raju who
are the parents of the defendants No: 2 to 4 (who is the elder son of Boni
Suramma) was died about 8 back leaving behind them the defendants No: 2 to 4
as their class -1 legal heirs for the branch of Boni Ramana and as such both the
plaintiff and the defendants are constituted a Hindu joint family under Mithakshra
school of law. It is further submit that the 6th defendant was given in adoption in
his childhood days to one Boni Simhachalem w/o late Laxamayya, who is resident
of Kirthuparthi village of Gantyada Mandal, Vizianagaram district, since then the
6th defendant is living with his adopted mother and as such he has no right in the
notice schedule properties, Recently the 6th defendant came down to
Tompalapeta village with a bad view to grab the share in the plaint schedule
properties and making illegal attemts and claims.

3. The plaintiffs further submits that during the life time of the said late Boni
Suramma, being rightful owner she used to manage all the properties and gave
shares in the income derived from the joint family properties to all the family
members till her death, after the death of the said Boni Suramma all the plaint
schedule properties are in joint possession and enjoyment of all the family
members,i,.e,.the plaintiffs and the defendants herein, In the recent times the
defendants are acting detrimental to the rights of the plaintiffs in the joint family
properties and to avoid to give their shares in the income derived from the joint
family properties and therefore the plaintiff felt that it is not safe for them to
keep the joint family properties in joint herein after.

4. The plaintiffs further submits that during the last week of February, 2020, the
plaintiffs have demanded the defendents through village elders for partition the
plaint schedule properties and to allot their shares, for which all the defendants
are admitted to partitioned the plaint schedule properties and postponing the
same on some pretext or the other, for which the plaintiffs got issued legal notice
on 05-03-2020 to the defendants demanding them to partition the plaint
schedule properties and allot each one share to the plaintiffs herein, the
defendants received the said noticeses and did not make partition of the plaint
schedule properties, the plaintiff further submit that the 1 st defendant with
support of the other defendants is making hectic preparation to alienate the
plaint schedule properties to some third parties ignoring the rights of the plaintiffs
and as such the plaintiffs are obliged to file this suit before this Honourable court
to partition of the plaint schedule properties.
5. The plaintiff therefore prays that the Honourable court may be pleased to
pass decree to divide the plaint schedule properties in to seven equal shares and
to allot each one ( 2/6th ) shares to the plaintiffs herein and to grant mean profits
for the last years and to direct the defendants to pay the same to the plaintiffs
along with costs of the suit in the interests of justice.

IV. The cause of action for the suit arose on when the mother of the plaintiffs
died at about 15 years back leaving her entire estate the plaint schedule
properties which are in joint possession and enjoyment of both the parties to the
suit and subsequently, when the plaintiffs raised a dispute before the elders and
demanded for partition of the plaint schedule properties including the legal notice
dated 05-03-2020 and when the defendants received the same and when they did
not make partition of the plaint schedule properties and at Gushini village,
Nellimarla Mandal, where the plaint schedule properties are situated with in the
jurisdiction of this Honourable court.

V. The Value of the suit for the purpose of court fee and jurisdiction is as follows:-
The value of the plaint “A” schedule dry lands as per
Basic value Register the value of one cent of dry land
is Rs: 8,000/-, the total cost of Ac. 2.55 cents is Rs:20,40,000-00

The value of the plaint “B” schedule house sites as per

Basic value Register the value of one cent of wet land
is Rs: 10,50,000/-, the total cost of Ac. 1.41 cents is Rs:14,80,500-00

The value of the plaint “C” schedule wet lands as per

Nominal value four house sites and constructions thereon
Appratumately of Rs: 12,00,000-00
--------------------------
Total market value of A & B schedule lands = Rs: 46,20,500-00
---------------------------
th
The Value of the plaintiff’s 2/7 share comes to Rs. 13,20,142-00, and ¾ th
market value of it comes to Rs: 9,90,107-00 and a court fee payble of Rs.12,426 /-
since the plaintiff and the defendants are in joint possession and enjoyment and as
the suit is filed for partition and separate possession of the plaintiff’s 2/7 th share in
the plaint schedule properties and hence a fixed court fee of Rs. 200-00 ( Rupees
two hundred only) is paid here with under section 34(2) of A. P.C.F and Suit
valuation Act.
VI. The plaintiffs therefore, pray that the Honorable court may be pleased to pass
a prelimnary decree in favour of the plaintiffs and directing the defendants;

a) for partition of the plaint schedule properties in to seven equal shares by

metes and bounds and to allot each one share to the plaintiffs and put the same in
to their separate possession.

b) to pay the costs of the suit and

b) to grant such other or further relief’s as the Honourable court deems fit and
proper under the circumstances of the case, in the interests of justice.

Advocate for the Plaintiffs Plaintiffs

The contents of the above plaint are true and correct to the best of my
knowledge and belief and on information, and that I have signed the same on this
4th day of April, 2014, at Vizianagaram.
Vzianagaram,
Dt. 24-06-2020.
Plaintiffs
LIST OF DOCCUMENTS.

SL. No. Date, Description of Document, Remarks.

1. Pattadar pass book stands in the name of Boni Suramma,

issued by the then Tashildar, Nellimarla, -- Xerox copy

2. Registered lawyers notice issued by the plaintiffs

Along with others to the defendants. --- Office Copy

3. Three postal covers returned by

the defendants ----- Originals

4. Market value certificates ( 3 ) ------- Originals

 Advocate for the Plaintiffs

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT

VIZIANAGARAM
O.S.NO: /2020
Between:-
Smt. Busara Padhma and another ------ Plaintiffs
And:-
Sri.Boni Thata and others ------ Defendants

AFFIDAVIT FILED BY THE PLAINTIFF UNDER ORDER 26 RUL 2 OF C.P.C.

1). I, Busara Padhma, w/o Ganesh, Hindu, aged about 40 years, housewife,
resident of Santhapeta Village, Bheemunipatnam Mandal, Visakhapatnam district,
do here by solemnly affirm and state on oath as follows:-

2). I submit that I am the 1st plaintiff, the 2nd plaintiff is my sister, as such we know
all the facts of the case, I gave this affidavit on my behalf and the 2 nd plaintiff, I
submit that we filed the above suit against the defendants for partition of the plaint
schedule properties.

3) I submit that the father of the defendants No: 2 to 4 by name Boni Ramana,
the defendants No: 5 to 7 and we are the children of the 1 st defendant through his
wife by name Boni Suramma and the said Boni Suramma succeeded the plaint
schedule lands from her father by name Tompal Narayana as she is only his
daughter and the said Tompala Narayana was died about 20 years back, after his
all his properties are devolved on his only daughter Boni Suramma. We further
submits that the said Boni Suramma also died inteste at about 15 years back
leaving behind her us and the defendants herein as her class-1 legal heirs for her
entire estate which is decribed in the plaint schedule may be read as part of this
plaint.
4) I further submits that the said Boni Ramana and his wife Raju who are the
parents of the defendants No: 2 to 4 (who is the elder son of Boni Suramma) was
died about 8 back leaving behind them the defendants No: 2 to 4 as their class -1
legal heirs for the branch of Boni Ramana and as such both we and the
defendants are constituted a Hindu joint family under Mithakshra school of law. It
is further submit that the 6 th defendant was given in adoption in his childhood
days to one Boni Simhachalem w/o late Laxamayya, who is resident of
Kirthuparthi village of Gantyada Mandal, Vizianagaram district, since then the 6 th
defendant is living with his adopted mother and as such he has no right in the
notice schedule properties, Recently the 6th defendant came down to
Tompalapeta village with a bad view to grab the share in the plaint schedule
properties and making illegal attemts and claims.
 5). I further submits that during the life time of the said late Boni Suramma,
being rightful owner she used to manage all the properties and gave shares in the
income derived from the joint family properties to all the family members till her
death, after the death of the said Boni Suramma all the plaint schedule properties
are in joint possession and enjoyment of all the family members,i,.e,.the
defendants and us, In the recent times the defendants are acting detrimental to
the our rights in the joint family properties and to avoid to give our shares in the
income derived from the joint family properties and we felt that it is not safe for
us to keep the joint family properties in joint herein after.
6. I further submits that during the last week of February, 2020, we have
demanded the defendents through village elders for partition the plaint schedule
properties and to allot their shares, for which all the defendants are admitted to
partitioned the plaint schedule properties and postponing the same on some
pretext or the other, for which we got issued a legal notice on 05-03-2020 to the
defendants demanding them to partition the plaint schedule properties and allot
each one share to us, the defendants received the said noticeses and did not
make partition of the plaint schedule properties, I further submit that the 1 st
defendant with support of the other defendants is making hectic preparation to
alienate the plaint schedule properties to some third parties ignoring our rights
and as such we are obliged to file this suit before this Honourable court to
partition of the plaint schedule properties.
7. Therefore, I pray that the Honourable court may be pleased to pass decree
to divide the plaint schedule properties in to seven equal shares and to allot each
one ( 2/6th ) shares to us and to grant mean profits for the last year and to direct
the defendants to pay the same to us along with costs of the suit in the interests
of justice.
Deponent
th
Solemnly affirmed before me by the deponent on this day of June,
2020, at Vizianagaram.
Advocate/A.O

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT

VIZIANAGARAM

O.S.NO: /2020
Between:-
Smt. Busara Padhma and another ------ Plaintiffs
And:-
Sri.Boni Thata and others ------ Defendants

AFFIDAVIT FILED BY THE PLAINTIFF UNDER ORDER 6 RULE 15 (4) OF C.P.C.

1). I, Busara Padhma, w/o Ganesh, Hindu, aged about 40 years, housewife,
resident of Santhapeta Village, Bheemunipatnam Mandal, Visakhapatnam district,
do here by solemnly affirm and state on oath as follows:-

2). I submit that I am the 1st plaintiff, the 2nd plaintiff is my sister, as such we know
all the facts of the case, I gave this affidavit on my behalf and the 2 nd plaintiff, I
submit that we filed the above suit against the defendants for partition of the plaint
schedule properties.

3) I submit that the averments of the plaint are all true and correct and
information given by me and after going through the contents of the plaint, and
the said contents of the plaint were read over and translated to me in Telugu by
my advocates Para I, II, III are drafted and singed by me.

4) I submit that the Para 1V, V, and VI are informed me by to my advocate and
they are true and correct to my knowledge, belief and information to be true and
correct.

5) I here by declare that no similar suit is filed or pending against the defendant
in any other court with regarding to the same cause of action.

6) I submit that the facts stated above are known to me personally, are true
and correct.

DEPONENT
Solemnly affirmed before me on this day of April, 2020, at Vizianagaram.

ADVOCATE/A.O.
 in THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT
VIZIANAGARAM
O.S.NO: /2020
Between:-
Smt. Busara Padhma and another ------ Plaintiffs
And:-
Sri.Boni Thata and others ------ Defendants

ADDRESS MEMO FILED BY THE PLAINTIFF UNDER ORDER 6 RULE 14-A OF C.P.C.
I. THE PLAINTIFFS ARE:-
1. Smt. Busara Padhma, w/o Ganesh, Hindu, aged about 40 years, housewife,
resident of Santhapeta Village, Bheemunipatnam Mandal, Visakhapatnam district.

2. Smt. Pothuraju Sarojini w/o Izal, Hindu aged about 38 years, housewife,
resident of Vyshnavi Appartments 1st Floor, 5th APSP post, Challuru Village, Denkada
Mandal, Vizianagaram district.

II. THE DEFENDANTS ARE-

1. Sri. Boni Thata S/o late Yerakayya, Hindu, aged about 70 years, cultivation,
resident of Tompalapeta Village, Kothapeta post, Nellimarla Mandal, Vizianagaram
district.
2. Smt. Boni Sandhya, w/o Tompalli Rama Rao, D/o late Boni Ramana, Hindu, aged
about 28 years, rest -- do -----,

3. Smt. Boni Madhavi w/o Basava Ganapathi, D/o late Boni Ramana, Hindu, aged
about 26 years, rest -- do -----,

4. Kum. Boni Syamala, D/o late Boni Ramana, Hindu, aged about 25 years, rest --
do -----,
5. Sri. Boni Surya Rao S/o Thata, Hindu, aged about 48 years, H.C-1405, S.P Office,
SC & ST Cell, Canatonment, Vizianagaram, rest ---- do -----.

6. Sri. Boni Sankara Rao S/o Thata, Hindu, aged about 46 years, private employee,
rest --- do ---,
7. Smt.Gantana Satyavathi, w/o Gantana Venkata Appa Rao, D/o Boni Thata,
Hindu, aged about 44 years, house wife, and resident of Munjeru Village,
Bhogapuram Mandal, Vizianagaram district.

Advocate for the Plaintiffs Plaintiffs.

The addresses furnished are all true and correct to the best of my knowledge
belief and information, and that I have signed the same on the dt: 18-04-2017, at
Srungavarapukota.

Plaintiffs

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT

VIZIANAGARAM
O.S.NO: /2020
Between:-
Smt. Busara Padhma and another ------ Plaintiffs
And:-
Sri.Boni Thata and others ------ Defendants

AFFIDAVIT FILED BY THE PLAINTIFF UNDER ORDER 19 RUL 1 OF

C.P.C.
1. I, Busara Padhma, w/o Ganesh, Hindu, aged about 40 years, housewife,
resident of Santhapeta Village, Bheemunipatnam Mandal, Visakhapatnam district
do here by solemnly affirm and state on oath as follows:-

2). I submit that I am the 1st plaintiff, the 2nd plaintiff is my sister, as such we know
all the facts of the case, I gave this affidavit on my behalf and the 2 nd plaintiff, I
submit that we filed the above suit against the defendants for partition of the plaint
schedule properties.
3) I submit that the father of the defendants No: 2 to 4 by name Boni Ramana,
the defendants No: 5 to 7 and we are the children of the 1 st defendant through his
wife by name Boni Suramma and the said Boni Suramma succeeded the plaint
schedule lands from her father by name Tompal Narayana as she is only his
daughter and the said Tompala Narayana was died about 20 years back, after his
all his properties are devolved on his only daughter Boni Suramma. We further
submits that the said Boni Suramma also died inteste at about 15 years back
leaving behind her us and the defendants herein as her class-1 legal heirs for her
entire estate which is decribed in the plaint schedule may be read as part of this
plaint.
4) I further submits that the said Boni Ramana and his wife Raju who are the
parents of the defendants No: 2 to 4 (who is the elder son of Boni Suramma) was
died about 8 back leaving behind them the defendants No: 2 to 4 as their class -1
legal heirs for the branch of Boni Ramana and as such both we and the
defendants are constituted a Hindu joint family under Mithakshra school of law. It
is further submit that the 6 th defendant was given in adoption in his childhood
days to one Boni Simhachalem w/o late Laxamayya, who is resident of
Kirthuparthi village of Gantyada Mandal, Vizianagaram district, since then the 6 th
defendant is living with his adopted mother and as such he has no right in the
notice schedule properties, Recently the 6th defendant came down to
Tompalapeta village with a bad view to grab the share in the plaint schedule
properties and making illegal attemts and claims.

5). I further submits that during the life time of the said late Boni Suramma,
being rightful owner she used to manage all the properties and gave shares in the
income derived from the joint family properties to all the family members till her
death, after the death of the said Boni Suramma all the plaint schedule properties
are in joint possession and enjoyment of all the family members,i,.e,.the
defendants and us, In the recent times the defendants are acting detrimental to
the our rights in the joint family properties and to avoid to give our shares in the
income derived from the joint family properties and we felt that it is not safe for
us to keep the joint family properties in joint herein after.
6. I further submits that during the last week of February, 2020, we have
demanded the defendents through village elders for partition the plaint schedule
properties and to allot their shares, for which all the defendants are admitted to
partitioned the plaint schedule properties and postponing the same on some
pretext or the other, for which we got issued a legal notice on 05-03-2020 to the
defendants demanding them to partition the plaint schedule properties and allot
each one share to us, the defendants received the said noticeses and did not
make partition of the plaint schedule properties, I further submit that the 1 st
defendant with support of the other defendants is making hectic preparation to
alienate the plaint schedule properties to some third parties ignoring our rights
and as such we are obliged to file this suit before this Honourable court to
partition of the plaint schedule properties.
7) I submit that recently we came to know that the 1 st defendant with an evil
intention with the support of other defendants, he is trying to alienate the
schedule mentioned properties to some third parties with a view to make
wrongful gain themselves and thereby cause wrongful loss to us. If the
respondents /defendants succeed in their attempts in alienating the plaint
schedule properties, we will be put to irreparable loss and hardship. I am
herewith filing two third party affidavits and the same may be read as part of this
affidavit. I further submit that we have strong and prima facie case. If an interim
injunction is granted, there will be no loss or hardship caused to the
respondent/defendant and on the other hand if an interim injunction is not
granted, I will be put to great irreparable loss and hardship.
8). Therefore, I pray that the Honorable court may be pleased to grant an ex
parte ad-interim injunction restraining the respondents/defendants from
alienating or creating any documents in respect of the plaint schedule properties
pending disposal of the suit, in the interest of justice.

Deponent
th
Solemnly affirmed before me by the deponent on this day of June,
2020, at Vizianagaram.

Advocate/A.O
IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT
VIZIANAGARAM
I.A NO: /2020.
in
O.S.NO: /2020.
Between:-
1. Smt. Busara Padhma, w/o Ganesh, Hindu, aged about 40 years, housewife,
resident of Santhapeta Village, Bheemunipatnam Mandal, Visakhapatnam district.

2. Smt. Pothuraju Sarojini w/o Izal, Hindu aged about 38 years, housewife,
resident of Vyshnavi Appartments 1st Floor, 5th APSP post, Challuru Village, Denkada
Mandal, Vizianagaram district.
AND:-
1. Sri. Boni Thata S/o late Yerakayya, Hindu, aged about 70 years, cultivation,
resident of Tompalapeta Village, Kothapeta post, Nellimarla Mandal, Vizianagaram
district.
2. Smt. Boni Sandhya, w/o Tompalli Rama Rao, D/o late Boni Ramana, Hindu, aged
about 28 years, rest -- do -----,

3. Smt. Boni Madhavi w/o Basava Ganapathi, D/o late Boni Ramana, Hindu, aged
about 26 years, rest -- do -----,

4. Kum. Boni Syamala, D/o late Boni Ramana, Hindu, aged about 25 years, rest --
do -----,
5. Sri. Boni Surya Rao S/o Thata, Hindu, aged about 48 years, H.C-1405, S.P Office,
SC & ST Cell, Canatonment, Vizianagaram, rest ---- do -----.

6. Sri. Boni Sankara Rao S/o Thata, Hindu, aged about 46 years, private employee,
rest --- do ---,
7. Smt.Gantana Satyavathi, w/o Gantana Venkata Appa Rao, D/o Boni Thata,
Hindu, aged about 44 years, house wife, and resident of Munjeru Village,
Bhogapuram Mandal, Vizianagaram district.

PETITION FILED UNDER ORDER 39 RULE 1 & 2 AND SECTION 151 OF C.P.C.

For the reasons stated in the accompanying affidavit that the

petitioners/plaintiffs humbly prays that that the Honorable court may be
pleased to grant an ex parte ad-interim injunction restraining the
respondents/defendants from alienating or creating any type documents in
respect of the plaint schedule properties, pending disposal of the suit, in the
interest of justice.

Vizianagaram.
Date: 2 -06-2020. ADVOCATE FOR THE PETITIONERS
 N THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL
JUDGE AT VIZIANAGARAM

O.S.NO: /2020
Between:-
Smt. Busara Padhma and another ------ Plaintiffs
And:-
Sri.Boni Thata and others ------ Defendants
PLAINT SCHEDULE FILED ON BEHALF OF THE PLAINTIFFS,
Vizianagaram district, Nellimarla Sub-registration district, Nellimarala
Village / Mandal, both wet and dry lands situated at Nellimaral Villages,
bearing following survey no’s and extents:-
A-SCHEDULE :
S. No: Survey Nos; Extent: Nature of
Land

1). 123 / 1 --- 2- 08 ---- Dry land,--

2). 158 /03 --- 0- 10 --- Dry land,--
3). 158 /04 --- 0 -24 – Dry land--
4). 158 /05 --- 0 -13 --- Dry land,--
----------------------
Total Extent of dry land ; Ac 2-55 cents
------------------------
BSCHEDULE

1). 206 / 1 --- 1-16 ---- Wet land –(2 Items)

2). 206 /16 --- 0- 02 ---- Wet land,--
3). 217 /17 --- 0- 07 ---- Wet land,--
4). 217 /18 --- 0 -03 ---- Wet land,--
5). 217 /20 --- 0. 03 ---- Wet land,--
6). 217 /22 --- 0. 05 ---- Wet land,--
7). 217/ 35 --- 0 -03 ---- Wet land,--
8). 217 /41 --- 0- 02 ---- Wet land,--
-----------------------
Total Extent of wet land ; Ac 1-41 cents
-------------------------
HOUSE PROPERTIES:-
1. R.C.C Slabbed house bearing Door No: 2-127 situated at S.C. Colony,
Tomplapeta village, Kothapeta panchayeth, Nellimarala Mandal, Vizianagaram
ditrict. Bounded by:-

East :- Slabbed house of Dukka Ramana

South:- Cement Road,
West:- Tailed house belong to us,
North:- Path way, vacant site belongs to us

=2=

2. Tailed house bearing Door No: 2-128 situated at S.C. Colony, Tomplapeta
village, Kothapeta panchayeth, Nellimarala Mandal, Vizianagaram ditrict.
Bounded by:-

East :- RCC Slabbed house belongs to us,

South:- Cement Road,
West:- Asbestos sheets roof house belong to us,
North:- Path way, vacant site belongs to us,

3. Asbestos sheets roof house bearing Door No: 2-130 situated at S.C. Colony,
Tomplapeta village, Kothapeta panchayeth, Nellimarala Mandal, Vizianagaram
ditrict. Bounded by:-

East :- Asbestos sheets roof house of Dukka Kamayya

South:- Cement Road,
West:- Asbestos sheets roof house of Tompala Polayya,
North:- Path way, vacant site belongs to us,

4. RC.C Slabbed house (under construction) situated at S.C. Colony, Tomplapeta

village, Kothapeta panchayeth, Nellimarala Mandal, Vizianagaram ditrict.
Bounded by:-

East :- Slabbed house of Dukka Ramana

South:- Cement Road,
West:- Tailed house belong to us,
 North:- Path way, vacant site belongs to us,

Advocate for the plaintiff Plaintiff

The above particulars are true and correct to the best his knowledge and
his belief, and signed the same on 29-06-2020, at Vizianagaram.

Plaintiff

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT

VIZIANAGARAM
O.S.NO: /2020
Between:-
Smt. Busara Padhma and another ------ Plaintiffs
And:-
Sri.Boni Thata and others ------ Defendants
AFFIDAVIT FILED BY THE PLAINTIFF UNDER ORDER 19 RUL 1 OF
C.P.C.
I, Gorle Appa Rao S/o late Ramulu, Hindu aged about 46 years, cultivation,
resident of Korukonda Village, Vizaianagaram Mandal/ district, do here by
solemnly affirm and state on oath as follows:-
I submit that I am the 3 rd party to the above proceedings and I know the both
parties to the suit.
I submit that I know that the plaintiff and defendant entered in to an
agreement of sale dated: 04-07-2012 in respect of the plaint schedule land situated
at Korukonda Village, Vizianagaram Mandal/ district.
I submit that now the respondent is trying to alienate the schedule mentioned
land to some third parties, and she told me that she is searching for bonafide
purchaser for selling away the above said landed property.
I submit that the facts stated above true and correct.
Deponent
th
Solemnly affirmed before me by the deponent on this 13 day of April 2017, at
Vizianagaram.
Advocate/A.O
IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT
VIZIANAGARAM

O.S.NO: /2018
Between:-
Smt. Routhu Ravanamma ------ Plaintiff
And:-
 Sri. Illa Nagaraju ---- Defendant

PLAINT FILED UNDER ORDER VII RULE I & SECTION 26 OF CIVIL PROCEDURE
CODE BY THE ABOVE NAMED PLAINTIFF.

I. THE PLAINTIFF IS:-

Smt. Routhu Ravanamma w/o Surya Rao, D/o late Appa Rao, Hindu aged about 50
years, household duties, resident of Kothapeta, Eluru, East Godavari district.
The address of the plaintiff is for the purpose of service of all notices, etc, is as
stated above and cares of her Advocates Sri M. PRABHAKARA RAO & Sri V. DEMUDU
BABU, Vizianagaram.

II. THE DEFENDANTS IS-

Sri. Illa Naga Raju S/o late Appa Rao, Hindu, aged about 45 years, cultivation,
resident of Chikkala Veedhi, Lankalapallipalem Village, Pusapatirega Mandal,
Vizianagaram district.

The addresses of the defendant for the purpose of service of all notices etc, are as
stated above.

III PARTICULARS OF THE PLAINT:-

a). The plaintiff submits that she and the defendant are the children of Illa Appa
Rao and Illa Kanthamma, and during the life time of their parents all the four
members are constituted a Hindu joint family of Mithakshra school of Hindu law. It is
further submit that the father of the plaintiff and defendant by name Illa Appa Rao
died at about two years back leaving behind him his wife Illa Kanthamma, the plaintiff
and the defendant herein as his class 1 legal heirs for his entire estate. It is further
submit that during the life time of the said Illa Appa Rao, he succeeded the plaint
schedule landed properties from his ancestors. The plaintiffs further submits that
during the life time of the father of the plaintiff and defendant her father Illa Appa Rao
being Karta of the joint family he used to manage the plaint schedule properties.

b) It is further submit that after the death of the said Illa Appa Rao, the Revenue
authorities have issued the pattadar pass book and title deed books in the name of his
wife Illa Kanthamma who is being an elder member in the joint family on behalf of all
the joint family members in respect of the plaint schedule properties. It is further
submit that the said Illa Kanthamma died on 11-10 2017 leaving behind her the
plaintiff and defendant herein as her legal heirs for her estate in the joint family
properties.

c) It is further submit that after the death of both the parents of the plaintiff and
defendant, the plaint schedule properties are in joint possession and enjoyment of
both parties to the suit. It is further submit that recently the defendant is acting
detrimental to the rights of the plaintiff in the plaint schedule properties and as such
the plaintiff is not willing to keep the properties in joint.
d) Therefore the plaintiff raised a dispute before the village elders and demanded for
partition of the plaint schedule properties, for which the defendant did not agree.
Hence the plaintiff got issued a lawyer’s notice dated 26-12-2017 to the defendant
requesting the him to partition the plaint schedule properties and the defendant did
not received the same and the said notice is returned with postal remarks “NOT
CLAIMED.” Therefore the plaintiff filed the above suit for partition of the plaint
schedule properties and for other relief’s as prayed for in Para VI of the plaint.

III. The cause of action for the suit arose on when the father of the plaintiff and
defendant died at about 2 years back leaving his entire estate including the plaint
schedule properties and subsequently which are in joint possession and enjoyment of
both the parties to the suit and subsequently, when the plaintiff raised a dispute
before the elders and demanded for partition of the plaint schedule properties before
elders including the lawyer’s notice dated 26-12-2017, and when the defendant
refused to receive the same, and on all the subsequent dates of demand for partition of
the plaint schedule properties and refused by the defendant and at Govindapuram
village, Pusapatirega Mandal, where the plaint schedule properties are situated which
is with in the jurisdiction of this Honourable court.

IV. The Value of the suit for the purpose of court fee and jurisdiction is as
follows :-
The value of the plaint schedule wet lands (Item No; 1 to 4)
As per Basic value register the value of one cent of wet land
is Rs: 5,500/-, the total cost of Ac.0-92 cents is Rs: 5,06,000-00

The value of the plaint schedule dry lands (Item No: 5) as per
Basic value Register the value of one cent of dry land
is Rs:5,500/-, the total cost of Ac. 0-16 cents is Rs: 88,000-00
------------------------
Total market value of schedule lands Rs: 5, 94,000-00
------------------------
The Value of the plaintiff’s half share comes to Rs: 2,97,00-00, and ¾ th market
value of it comes to Rs: 2,22,750-00 and a court fee payable is at Rs.4,726 /- since the
plaintiff and defendant are in joint possession and enjoyment and as the suit is filed for
partition and separate possession of the plaintiff’s ½ share in the plaint schedule
properties and hence a fixed court fee of Rs. 200-00 ( Rupees two hundred only) is paid
here with under section 34(2) of A. P.C.F and Suits valuation Act.
VI. The plaintiff therefore prays that the Honorable court may be pleased to pass a
preliminary decree in favour of the plaintiff and directing the defendant;

a) to partition of the plaint schedule properties in to two equal shares by metes and
bounds and to allot one such share to the plaintiff and put the same in to her separate
possession.
b) to pay the costs of the suit and
c) to grant such other or further relief’s as the Honourable court deems fit and proper
under the circumstances of the case, in the interests of justice.

Advocate for the Plaintiff, Plaintiff.

 The contents of the above plaint are true and correct to the best of my knowledge
and belief and on information, and that I have signed the same on this day of April,
2018, at Vizianagaram.
Vizianagaram,
Dt. -04-2014. Plaintiff.
LIST OF DOCUMENTS
SL. No. Date, Description of Document, Remarks.

2. Pattadar pass book & Title deed book in the name of the
Illa Kanthamma, (the mother of the plaintiff and defendant)
issued by the Tahsildar, Pusapatirega Mandal. ---- Xerox copy.
2. 26-12-2017- Registered lawyer’s notice issued
by the plaintiff to the defendant. --- Office Copy.
3. 30-12-2017 Postal closed returned cover with
Postal remarks. ----- Original.

4. 13-12-2017 Market value certificates ( 2 ) ----- Original.

Advocate for the Plaintiff.

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT

VIZIANAGARAM

O.S.NO: /2018
Between:-
Smt. Routhu Ravanamma ------ Plaintiff

And:-
Sri. Illa Nagaraju ---- Defendant

VALUATION OF THE PROPERTY UNDER SECTION.10 OF A.P.C.F & S. V ACT:

1. Serial No. of Items of immovable : Total 5 items in both wet and dry lands
Properties :

2. Registration District & Sub District : Vizianagaram District.

Bhogapuram Sub Disrict.

3. Taluk & Village where the properties : Govindapuram Village,

are situated : Pusapatirega Mandal,

4. Survey No. Sub Division Nos : Schedule S. No; 11/2,13/1,17/07,

: 17/8,and 42/ 22,

5. Extents : Schedule extent Ac.0-92 cents of wet land.

: and dry land to an extent of A: 0-16 cents
6. Class of land Wet or dry : Both Wet and Dry lands

7: Rental value of the land : Nil –

8. Present market value : Total extent of Ac. 1-08 cents of both wet
and dry lands at the rate of per one cent
at Rs. 5,500/-

3. Value for purpose of court fee and : Value of the plaintiff ½ share comes
juridection with the provisions : Rs.2,97,000/- and the ¾ of the market
of law under which it is valued : value of it Rs.2,22,750/- and C. F. of Rs.
4,726/- is payable since the suit is filed
for partition of the joint family properties &
fixed court fee of RS.2,00/- is paid
U/S 34(2)of A P C F & S.V. Act.

10. Remarks : ---- Nil—

ADVOCATE FOR PLAINTIFF PLAINTIFF

I the above named plaintiff do here by declare that the above particulars are
all true to the best of my knowledge, belief and information.

PLAINTIFF

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT

VIZIANAGARAM

O.S.NO: /2018
Between:-
Smt. Routhu Ravanamma ------ Plaintiff

And:-
Sri. Illa Nagaraju ---- Defendant

AFFIDAVIT FILED BY THE PLAINTIFF UNDER ORDER 19 RULE 1 OF C.P.C,

1. I Routhu Ramanamma w/o Surya Rao, D/o late Appa Rao, Hindu aged about 50
years, household duties, resident of Kothapeta, Eluru, East Godavari district, present at
Vizianagaram,do here by solemnly affirm and state on oath as follows :-
2. I submit that I am the plaintiff in the above suit. I know all the facts of the case,
and I filed the above suit against the defendant for partition of the plaint schedule
properties.
3. I submit that the defendant is my brother and we are the children of Illa Appa
Rao and Illa Kanthamma, and we are constituted a Hindu joint family and our father
name Illa Appa Rao died two years back leaving behind him his wife, me and the
defendant herein as his class 1 legal heirs for his entire estate. It is further submit
that during the life time of the said Illa Appa Rao, he succeeded the plaint schedule
landed properties from his ancestors, and during his life time being Karta of the joint
family he used to mange plaint schedule properties.
4. I further submit that after the death of our father Illa Appa Rao, the Revenue
authorities have issued the pattadar pass book and title deed books in the name of
mother Illa Kanthamma who is being an elder member in our joint family in respect of
the plaint schedule properties. I further submit that my mother Illa Kanthamma died
on 11-10 2017 leaving behind me and the defendant as her class-1 legal heirs for her
estate in the joint family properties.
3. 5. I further submit that after the death of our parents I and defendant have
been in joint possession and enjoyment of the plaint schedule properties I further
submit that recently the defendant is acting detrimental to my rights in the plaint
schedule properties and as such I am not willing to keep the properties in joint. I
further submit that I raised dispute before the elders and demanded for partition of
the plaint schedule properties, but vain. Hence I got issued a lawyer’s notice dated 26-
12-2017 to the defendant requesting the him to partition the plaint schedule
properties and the defendant refused to received the same. Therefore, I filed the above
suit for partition of the plaint schedule properties and for other relief’s as prayed for in
Para VI of the plaint. Pattadar pass book & Title deed book in the name of the Illa
Kanthamma, (the mother of the plaintiff and defendant) issued by the Tahsildar,
Pusapatirega Mandal. ---- Xerox copy.
2. 26-12-2017- Registered lawyer’s notice issued
by the plaintiff to the defendant. --- Office Copy.
3. 30-12-2017 Postal closed returned cover with
Postal remarks. ----- Original.
6. Therefore I pray that the Honourable court may be pleased to order partition of
the plaint schedule properties in to five equal shares and allot one such share to me
and to grant mean profits for the last two years and direct the defendants to pay the
same to me along with costs of the suit in the interests of justice.
Deponent.
Solemnly affirmed before me on this day of April, 2018, atVizianagaram.
Advocate/A.O.