IN THE COURT OF THE PRINCIPAL CITY CIVIL AND

SESSIONS JUDGE, BANGALORE CITY

ORIGINAL SUIT No. 1047 / 2024

BETWEEN:

Vasanthi Baskaran and another Plaintiffs

AND

M/s Tirumala Constructions

and others Defendants

INDEX

Court Fee : Rs. 125/- Process Fee: Rs. 500/-

Sl. No. Description Page No.

01. Memorandum of plaint filed under

Section 26 read with Order VII Rule 1 of
1 - 29
the Code of Civil Procedure, 1908 as
amended.

02. Verifying affidavit in support of plaint

30
averments.

03. Application under Order VI Rule 14-A of

31 - 35
the Code of Civil Procedure, 1908 as
amended.

04. Valuation Slip. 36

05. List of Documents along with

 documents. 37 - 375

06. Vakalathnamma 376

07. Process Memo 377

08. I.A No. 1 / 2024 Application for

Temporary Injunction filed under Order
XXXIX Rule 1 and 2 read with Section 378 - 382
151 of the Code of Civil Procedure,
1908 as amended.

09. Affidavit in support of Temporary

383 - 386
Injunction Application.

10. I.A No. 2 / 2024 Application for

Temporary Injunction filed under Order
XXXIX Rule 1 and 2 read with Section 387 - 392
151 of the Code of Civil Procedure,
1908 as amended.

11. Affidavit in support of Temporary

393 - 396
Injunction Application.

12. I.A No. 3 / 2024 Application for

Temporary Injunction filed under Order
XXXIX Rule 1 and 2 read with Section 397 - 401
151 of the Code of Civil Procedure,
1908 as amended.

13. Affidavit in support of Temporary

402 - 406
Injunction Application.
 14. I.A No. 4 / 2024 Application for
Temporary Injunction filed under Order
XXXIX Rule 1 and 2 read with Section 407 - 412
151 of the Code of Civil Procedure,
1908 as amended.

15. Affidavit in support of Temporary

413 - 417
Injunction Application.

Bangalore
9th February, 2024 Advocate for Plaintiffs
(Ashok Mesta)

IN THE COURT OF THE PRINCIPAL CITY CIVIL AND

SESSIONS JUDGE, BANGALORE CITY

ORIGINAL SUIT No. 1047 / 2024

BETWEEN:

1. Vasanthi Baskaran
Aged about 59 years,
W/o Late C K Baskaran,
Residing at Flat No. S-2,
“Tirumala Euphoria”,
No. 575, 43rd Cross,
8th Block, Jayanagar,
Bangalore – 560 070

2. Nitesh C B
Aged about 28 years,
S/o Late C K Baskaran,
Residing at Flat No. S-2,
“Tirumala Euphoria”,
No. 575, 43rd Cross,
8th Block, Jayanagar,
Bangalore – 560 070 PLAINTIFFS

AND

1. M/s Tirumala Constructions

A Partnership Firm,
Registered Office at No. 326,
5th Main, 10th Cross,
4th Stage, Vinayaka Layout,
Nagarabhavi,
Bangalore – 560 072

2. Praveen Mohan
Aged about 44 years,
S/o R Mohan,
Residing at No. 326,
5th Main, 10th Cross,
4th Stage, Vinayaka Layout,
Nagarabhavi,
Bangalore – 560 072
3. R Mohan
Aged about 75 years,
S/o R Ranganathan,
Residing at No. 326,
5th Main, 10th Cross, 4th Stage,
Vinayaka Layout, Nagarabhavi,
Bangalore – 560 072
4. R Kumar
Aged about 50 years,
S/o Rudrachar,
Residing at No. 438,
9th Cross, 5th Main,
Vinayaka Layout,
9th Block, Nagarabhavi,
Bangalore - 560 072

5. Manjula R K
Aged about 46 years,
W/o R Kumar,
Residing at No. 438,
9th Cross, 5th Main,
Vinayaka Layout,
9th Block, Nagarabhavi,
Bangalore - 560 072

6. N Mahesh
Aged about 44 years,
S/o V Nataraj,
Residing at No. 22,
5th Cross, L N Puram,
Srirampuram,
Bangalore – 560 021

7. Belli Credit Co-Operative Society Ltd.,

Registration No. UBC-4/283/RGN/46514/2014-15,
Represented by its Manager,
Registered Office at No. 1108/L,
(Opposite to Hampinagara Bus Stand),
9th Main Road, Hampinagara,
Vijayanagara 2nd Stage,
Bangalore – 560 104
8. Nagarabhavi Souharda Credit Co-Operative Ltd.,
Registration No. AR-44/RGN/14/4895/2018-19
Represented by its Secretary,
Registered office at No. 471,
Shasta Heights, 5th Main Road,
10th Cross Road, Vinayaka Layout,
Nagarabhavi 9th Block,
Bangalore – 560 072 DEFENDANTS
MEMORANDUM PLAINT UNDER SECTION 26 READ
WITH ORDER VII RULE 1 OF THE CODE OF CIVIL
PROCEDURE, 1908 AS AMENDED

THAT THE PLAINTIFFS ABOVE-NAMED BEGS TO SUBMIT

AS FOLLOWS:

1. That, the address of the plaintiffs for the purpose of

service of Summons and Notices etc., from this Hon’ble
Court are as shown above in the cause title and also
stated in the application filed under VI Rule 14-A of
Code of Civil Procedure, 1908 as amended. The plaintiff
may be served through their Counsels Ashok Mesta
and Krishna Naik D N, Office at Chamber No. 14,
Centenary Bhavan, 1st Floor, Behind A.S.V.N.V Bhavan,
Opposite State Bank of India (Mysore Bank Circle), K G
Road, Bangalore – 560 009, Karnataka, India, Mobile No.
- 9916682233, E-mail:ashok.v.mesta@gmail.com.

2. That the addresses of all the defendants for the purpose

of service of Summons and Notices etc., from this
Hon’ble Court are as stated in the cause title and also
stated in the application filed under VI Rule 14-A of
Code of Civil Procedure, 1908 as amended.

3. That the plaintiffs are the legal heirs of Late C K

Baskaran in detail 1st plaintiff is the Wife and 2 nd Plaintiff
is the Son. That it is relevant to give the introduction of
the defendants herein that 1 st defendant is the Builder
represented by its Partners 2nd and 3rd defendants are
strangers to the transaction under challenge. That
further the 4th, 5th, 6th and 7th defendant are also
strangers to the transaction between 1st plaintiff
husband Late C K Baskaran and 1st defendant, likewise
7th and 8th defendant are strangers to the transactions
 taken place between 1st plaintiff husband Late C K
Baskaran and 1st defendant in view of the registered
Power of Attorney dated 24.07.2015 and modified
Supplementary Sharing Agreement dated 24.07.2015.
That further in particular it is relevant to state here that
all the defendants are strangers to the transactions
challenged under this present suit in respect of Plaint
‘B’ and ‘C’ Schedule Properties.

4. That the facts which are not in dispute that is in respect

of the title, the father of Late C K Baskaran i.e., C
Krishnaswamy purchased a Site No. 575 situated at
Jayanagar Layout, 8th Block, Bangalore measuring East
to West 40 Feet and North to South 70 Feet in all 2800
Square Feet on 08.09.1969 which stood registered in
the office of Sub-Registrar, Jayanagar, Bangalore vide
bearing Registration No. 1412/1969-70, Book – I,
Volume No. 73, Page 183 to 187 and the said schedule
property drawn above also herein after referred and
hereby called as “‘A’ SCHEDULE PROPERTY”.

5. That it is relevant to mention here that the father of C K

Baskaran i.e., C Krishnaswamy died intestate on
11.02.1977, likewise Late C Krishnaswamy wife also
died on 01.07.1998 and one Son by name C K
Deenadaialu died on 09.06.2009.
6. That all the legal heirs of Late C Krishnaswamy i.e., C
Ragupathy, Meera Bai, C K Prabhakaran, C K Vanitha
Devi, Indu Deenadaialu (Wife of C K Deenadaialu),
Megha Deenadaialu (Daughter of C K Deenadaialu) with
an intention to develop the ‘A’ Schedule Property,
executed a registered Release Deed in favour of C K
Baskaran on 14.05.2015 vide bearing Registration No.
JAY-1-01166-2015-16, Book – I, C.D No. JAYD227 which
stood registered in the office of Sub-Registrar,
 Jayanagar, Bangalore. Certified copy of the Release
Deed dated 14.05.2015 is produced herewith and the
same is marked as PLAINT DOCUMENT No. 1.

7. That after the execution of aforesaid registered release

deed dated 14.05.2015, the Late C K Baskaran
approached the Bangalore Development Authority
(BDA) for execution of Absolute Sale Deed pertaining to
‘A’ Schedule Property, likewise the Deputy Secretary of
Bangalore Development Authority (BDA) executed an
Absolute Sale Deed on 27.06.2015 bearing
Registration No. BDA-1-01683-2015-16, Book – I, C.D
No. BDAD212 in the office of the Additional District
Registrar, Bangalore City District. Certified copy of the
Absolute Sale Deed dated 27.06.2015 is produced
herewith and the same is marked as PLAINT
DOCUMENT No. 2 and the contents are self-
explanatory. That further plaintiffs are hereby
producing the Katha Certificate, Katha Extract and
Property Tax Receipt for the year 2023-2024 in respect
of the ‘A’ schedule property. Original Katha, Katha
Extract and Property Tax Receipt for the year 2023-
2024 are produced herewith and the same are marked
as PLAINT DOCUMENT Nos. 3, 4 and 5. That further
it is relevant to mention here that, individual katha and
katha extract and tax paid receipts are not made
available due to the alleged acts played by the
defendants.

8. That after the above circumstances, the late C K

Baskaran with an intention to develop the ‘A’ Schedule
Property, two registered deeds and supplementary
agreement came to be entered between the Late C K
Baskaran and 1st defendant on 24.07.2015 i.e., one
Joint Development Agreement came to be executed
 between Late C K Baskaran in favour of M/s Tirumala
Constructions - 1st defendant vide bearing Registration
No. JAY-1-03329-2015-16, Book – I, C.D No. JAYD232
which stood registered in the office of Sub-Registrar,
Jayanagar, Bangalore on 24.07.2015. Certified copy of
the Joint Development Agreement dated 24.07.2015 is
produced herewith and the same is marked as PLAINT
DOCUMENT No. 6.

9. That further after registration of Joint Development

Agreement, Power of Attorney came to be executed
by Late C K Baskaran in favor of M/s Tirumala
Constructions - 1st defendant vide bearing Registration
No. JAY-4-00441-2015-16, Book – 4, C.D No. JAYD232
which stood registered in the office of Sub-Registrar,
Jayanagar, Bangalore on 24.07.2015. Certified copy of
the Power of Attorney dated 24.07.2015 is produced
herewith and the same is marked as PLAINT
DOCUMENT No. 7. That it is most relevant to mention
here that, the aforesaid attorney was executed in
favour of 1st defendant keeping in view of modified
Supplementary Sharing Agreement dated 24.07.2015
and in particular the share of the 1 st defendant was
restricted to 50% share in the ‘A’ Schedule Property in
all aspects.

10. That in order to share the Flats which was to be

constructed in ‘A’ Schedule Property, Supplementary
Sharing Agreement came to be entered between Late
C K Baskaran and 1st defendant - M/s Tirumala
Constructions on 24.07.2015 vide Certificate No. IN-
KA97958014927810N. True Copy of the Supplementary
Sharing Agreement dated 24.07.2015 is produced
herewith and the same is marked as PLAINT
 DOCUMENT No. 8 and the contents are self-
explanatory.

11. That further it is relevant to mention here that, due to

typographical mistakes at Sl. No. 3 at page 4 vide Plaint
Document No. 8 (in the place of owner, developer name
came to be inserted likewise in the place of developer,
owner name came to be inserted), thus necessary
modifications came to be made to the said sharing
agreement at page 4 and 5 (Para 3 and 7 respectively)
by changing the relevant pages but no
modifications/corrections were made to the schedule
drawn in the said sharing agreement i.e., Annexure A
and B. Certified copy of the modified Supplementary
Sharing Agreement dated 24.07.2015 is produced
herewith and the same is marked as PLAINT
DOCUMENT No. 9 and the contents are self-
explanatory to the fact of absolute ownership and
possession of the plaintiffs in respect of plaint schedule
Flats i.e., G-2, F-1, S-2 and T-1 in particular Flat Nos. F-1
and G-2 in question admittedly are in possession of the
plaintiffs as on date of the present suit. That it is a fact
on the record that the modifications made in the said
sharing agreement are within the knowledge of the 1 st
defendant – M/s Tirumala Constructions including the
partners i.e., 2nd and 3rd defendants.

12. That it is matter of record that the as per the schedule

i.e., Annexure – A and B mentioned in the first and
modified supplementary sharing agreement dated
24.07.2015, 8 Flats are equally divided between the
Late C K Baskaran and 1st defendant - M/s Tirumala
Constructions and the said shared flats are as per the
schedule i.e., Annexure – A and B mentioned in first and
modified supplementary sharing agreement remains
 the same and which have no changes are drawn below
for quick reference of this Hon’ble Court.

ANNEXURE – A (Allotted to the share of OWNER)

Parking : 50%
Ground Floor : 50% (Flat No. G-2 Back Flat)
First Floor : 50% (Flat No. F-1 Front Flat)
Second Floor : 50% (Flat No. S-2 Back Flat)
Third Floor : 50% (Flat No. T-1 Front Flat)
Terrace : 50%

ANNEXURE – B (Allotted to the share of Developer)

Parking : 50%
Ground Floor : 50% (Flat No. G-1 Front Flat)
First Floor : 50% (Flat No. F-2 Back Flat)
Second Floor : 50% (Flat No. S-1 Front Flat)
Third Floor : 50% (Flat No. T-2 Back Flat)
Terrace : 50%

13. That the 1st defendant after taking the knowledge of the
modified Supplementary Sharing Agreement dated
24.07.2015, entered into three deeds of simple
mortgage using of Power of Attorney dated 24.07.2015
in respect of Flat Nos. F-2, S-1 and T-2 i.e., first Deed
of Simple Mortgage was entered on 08.09.2016 in
respect of Flat No. F-2 in favour of Dr. R P Viswanath
for loan consideration of Rs. 30,00,000/- (Rupees Thirty
Lakhs Only) and the said deed stood registered in the
office of Senior Sub-Registrar, Jayanagar (Shanthinagar),
Bangalore – 27 vide bearing Registration No. SHR-1-
01866-2016-17, Book – I, C.D No. SHRD66. Certified
copy of the Deed of Simple Mortgage dated 08.09.2016
is produced herewith and the same is marked as
PLAINT DOCUMENT No. 10. Further the second Deed
of Simple Mortgage was entered on 06.01.2017 in
 respect of Flat No. S-1 jointly in favour of M
Prabhakara Gupta and Sons (HUF), M P Sreenath Gupta,
S S Pooja, K K Pavan Kumar. T A Srinivasa Murthy, T
Aparna, Amar G Prakash, K A Venkatesh Kumar and
Skanda Ventures for loan consideration of Rs.
1,00,00,000/- (Rupees One Crore Only) and the said
deed stood registered in the office of Senior Sub-
Registrar, Jayanagar, Bangalore vide bearing
Registration No. JAY-1-08074-2016-17, Book – I, C.D No.
JAYD277. Certified copy of the Deed of Simple Mortgage
dated 06.01.2017 is produced herewith and the same is
marked as PLAINT DOCUMENT No. 11. Likewise,
third Deed of Simple Mortgage was entered on
06.01.2017 and registered on 11.01.2017 in
respect of Flat No. T-2 jointly in favour of R B Ashok
Kumar – HUF, R A Amrutha, R B Mohan Kumar, R B
Mohan Kumar – HUF, M/s Sathya Prema and Co., G K
Prakash and S Srinivasa Gupta for loan consideration of
Rs. 1,00,00,000/- (Rupees One Crore Only) and the said
deed stood registered in the office of Senior Sub-
Registrar, Jayanagar, Bangalore vide bearing
Registration No. JAY-1-08181-2016-17, Book – I, C.D No.
JAYD278. Certified copy of the Deed of Simple Mortgage
dated 11.01.2017 is produced herewith and the same is
marked as PLAINT DOCUMENT No. 12. That by going
through these above mortgaged deeds, it is clear
matter of record that as per the modified sharing
agreement, the said deeds came to be executed in the
of mortgage by the 1st defendant through 2nd and 3rd
defendants.

14. That as per the Joint Development Agreement dated

24.07.2015 vide Plaint Document No. 6, the 1 st
defendant started to construct building on the ‘A’
Schedule Property but failed to complete the
 constructions as per the Joint Development Agreement
i.e., withing 30 months. That it is relevant to mention
here that, after the execution of mortgage deeds, the
defendants 1 to 3 stopped further works of construction
at ‘A’ Schedule Property.

15. That before completion of the construction the 1 st

defendant through 2nd and 3rd defendants sold the Flats
fallen to their respective share as per the modified
supplementary sharing agreement i.e., Flat Nos. G-1, F-
2, S-1 and T-2 through the registered sale deed i.e., one
sale deed dated 05.10.2019 in favour of Narasimhan H
S in respect of Flat No. G-1, second sale deed dated
08.02.2019/13.02.2019 in favour of Lohith Babu D in
respect of Flat No. F-2, another sale deed dated
12.01.2018 in favour of Danayya Mathapati in respect
of Flat No. S-1, likewise another sale deed dated
08.02.2019/13.02.2019 in favour of Jothi in respect of
Flat No. T-2. Certified copies of the four registered
sale deeds are produced herewith and the same are
marked as PLAINT DOCUMENT Nos. 13, 14, 15 and
16. That further it is relevant to mention here that, due
to non-completion of construction of building in time
frame, sold the Flat Nos. F-2 and T-2 in favour of Meera
Jambunathan and Harini Narasimhaiah respectively
jointly with 1st defendant by the previous owners.
Certified copies of the two further registered sale deeds
dated 12.11.2019 and 06.03.2020 are produced
herewith and the same are marked as PLAINT
DOCUMENT Nos. 17 and 18. That it is a matter of
evidence on record that, in all the aforesaid registered
sale deeds executed by the 2nd and 3rd defendant
through 1st defendant clearly establish that the out of 8
Flats, 4 Flats i.e., Flat Nos. G-1, F-2, S-1 and T-2 are
fallen to the share of 1st defendant – M/s Tirumala
 Constructions as per the schedule mentioned in first
and modified supplementary sharing agreement vide
Document No. 9. Thus, viewed from any angle, the
defendants cannot have semblance of a right and title
over any portion of the suit scheduled property i.e.,
Flats allotted to the plaintiffs share i.e., Flat Nos. G-2, F-
1, S-2 and T-1.

16. That 2nd defendant through 1st defendant started

playing fraud upon the Late C K Baskaran and his legal
heirs, without the knowledge of the Late C K Baskaran,
mortgaged the Flat No. G-2 (as per modified
supplementary sharing agreement the said flat fallen to
the share of C K Baskaran) in favour of 8 th Defendant -
Nagarabhavi Souharda Credit Co-Operative Ltd., for
obtaining loan of Rs. 90,00,000/- (Rupees Ninety Lakhs Only)
through a registered Memorandum of Mortgage by
Deposit of Title Deeds vide bearing Registration No.
RRN-1-06964-2018-19, Book – I, C.D No. RRND214
which stood registered in the office of Sub-Registrar,
Jayanagar (Rajarajeshwari Nagar), Bangalore on
28.12.2018. Certified copy of the Memorandum of
Mortgage by Deposit of Title Deeds dated 28.12.2018 is
produced herewith and the same is marked as PLAINT
DOCUMENT No. 19.

17. That further, the 2nd defendant through 1st defendant

along with 4th, 5th and 6th did not stop playing fraud
upon the Late C K Baskaran, again without the
knowledge of the Late C K Baskaran, mortgaged the
Flat No. F-1 and aforesaid Flat No. G-2 (as per modified
supplementary sharing agreement the said flat are
fallen to the share of C K Baskaran) in favour of 7 th
defendant - M/s Belli Credit Co-Operative Society
Limited for obtaining loan of Rs. 1,20,00,000/- (Rupees
 One Crore Twenty Lakhs Only) through a registered
Memorandum of Mortgage by Deposit of Title Deeds
vide bearing Registration No. RRN-1-03493-2019-20,
Book – I, C.D No. RRND369 which stood registered in
the office of Sub-Registrar, Jayanagar (Rajarajeshwari
Nagar), Bangalore on 27.06.2019 which stood
registered on 03.08.2019. Certified copy of the
Memorandum of Mortgage by Deposit of Title Deeds
dated 03.08.2019 is produced herewith and the same is
marked as PLAINT DOCUMENT No. 20.

18. That it is matter of record that, even the 8 th defendant -

Nagarabhavi Souharda Credit Co-Operative Ltd., has
also played fraud along with the 1 st and 3rd defendant
upon the Late C K Baskaran and his legal heirs which is
in continuation till today and the same is evidenced in
the mortgaged deed dated 28.12.2018 i.e., by taking
note of the documents sought for grant of mortgage
loan, the 8th defendant being the public registered
Society did not insist the modified supplementary
sharing agreement dated 24.07.2015 nor the
supplementary sharing agreement from the 1 st and 3rd
defendant while mortgaging Flat No. G-2 on that count
it is a very clear case of intentional fraud being planned
and played by the 8th defendant - Nagarabhavi
Souharda Credit Co-Operative Ltd., along with the 1 st
and 3rd defendants.

19. That further it is also a matter of record that, even the

7th defendant - M/s Belli Credit Co-Operative Society
Limited has also played fraud along with the 1 st, 2nd, 4th,
5th and 6th defendants upon the Late C K Baskaran and
his legal heirs and the same is evidenced in the
mortgaged deed dated 03.08.2019 i.e., by taking note
of the documents sought for grant of mortgage loan,
 the 7th defendant even having knowledge upon the
schedule mentioned in first and modified
supplementary sharing agreement dated 24.07.2015
granted the loan on Flat Nos. F-1 and G-2 and even
having knowledge of the encumbrance certificate for
period 01.04.2015 to 25.06.2019 in respect of Flat No.
G-2 on that count it is a very clear case of intentional
fraud being planned and played by the 7 th defendant -
M/s Belli Credit Co-Operative Society Limited. That
further the legal scrutiny done by B J Mahesh, Advocate
addressed to the Manager, M/s Belli Credit Co-Operative
Society Limited has not taken knowledge of the
schedule – Annexure A and B mentioned in the sharing
agreement dated 24.07.2015. Certified copy of the
legal scrutiny dated 26.06.2019 is produced herewith
and the same is marked as PLAINT DOCUMENT No.
21 and the contents are self-explanatory.

20. That, the Mortgagees in Plaint Document No. 12 i.e.,

Deed of Simple Mortgage dated 11.01.2017 in respect
of Flat No. T-2, filed a suit for recovery of money
against the 1st, 2nd and 3rd Defendant and making Late C
K Baskaran as formal party and the said suit stood
registered as COM.O.S No. 359/2020 on the file of
LXXXVII Additional City Civil and Sessions Judge
(Exclusive Commercial Court) at Bangalore (CCH-88).
That further in the said suit 1 st, 2nd and 3rd defendant
jointly filed written statement by admitting the Joint
Development Agreement and Supplementary Sharing
Agreement dated 24.07.2015 and even as per the
modified sharing agreement Flat No. T-2 fallen to the
share of 1st defendant. Certified copy of the Written
Statement filed by 1st, 2nd and 3rd defendant in COM.O.S
No. 359/2020 is produced herewith and the same is
marked as PLAINT DOCUMENT No. 22. Likewise,
 Mortgagees in Plaint Document No. 11 i.e., Deed of
Simple Mortgage dated 06.01.2017 in respect of Flat
No. S-1, filed a suit for recovery of money against the
1st, 2nd and 3rd Defendant and making plaintiffs as
formal parties and the said suit stood registered as O.S
No. 1858/2022 pending on the file of LXIII Additional
City Civil and Sessions Judge at Bangalore (CCH-64) and
in the said suit also the 1 st, 2nd and 3rd defendant filed a
written statement admitting the Joint Development
Agreement and Supplementary Sharing Agreement dated
24.07.2015 and even as per the modified sharing
agreement Flat No. S-1 fallen to the share of 1st
defendant. Certified copy of the Written Statement filed by
1st, 2nd and 3rd defendant in O.S No. 1858/2022 is
produced herewith and the same is marked as PLAINT
DOCUMENT No. 23.

21. That C K Baskaran died intestate leaving behind the

plaintiffs on 20.05.2021. Original Death Certificate
bearing Registration No. 803162/B/D/2021/044874
dated 01.06.2021 issued by the Medical Officer,
Padmanabha Nagar, Bangalore District on 07.06.2021 is
produced herewith and the same is marked as PLAINT
DOCUMENT No. 24.

22. That when the fraud played by 2nd and 3rd defendants
through 1st defendant came to the knowledge of the
Late C K Baskaran and realizing the fraudulent acts
committed by the 3rd defendant through 1st defendant
by taking the 7th and 8th defendant into their collusion
and confidence in the matter of creating the false and
fraud mortgages as per Plaint Document No. 19 and 20
evidencing mortgage deeds transaction in respect of
the plaint schedule Flats i.e., F-1 and G-2, approached
the aforesaid defendants, and took undertaking on the
 Certificate No. IN-KA62137766270235T from 2nd and 3rd
defendants which came to be notarized and numbered
as Sl. No. 271 on 03.03.2021, by stating that the
mortgaged flats with 7th defendant will be cleared within
6 six months and also agreed that they will pay the
consideration amount for all pending works and other
balance amount as agreed. Copy of the Undertaking
dated 01.03.2021 notarized 03.03.2021 given by the 2 nd
and 3rd defendants is produced herewith and the same is
marked as PLAINT DOCUMENT No. 25 and it is very
clear that the defendants have played the cards close
to their chests in the matter of intentional and
deliberate fraud played by them.
23. That further when the 2nd and 3rd defendants did not
turn up as per the aforesaid undertaking dated
03.03.2021 within 6 months, lodged a complaint on
02.10.2021 against 1st, 2nd and 3rd defendant before the
Police Sub-Inspector, Jayanagar Police Station, Bangalore
- 560 011, the said Police after acknowledging the
complaint, registered an F.I.R and the said F.I.R stood
registered as Crime No. 0205/2021 for the offences
punishable under Sections 506, 34, 406 and 420 of the
Indian Penal Code, 1860 as amended. Certified copies
of the Complaint and F.I.R i.e., Crime No. 0205/2021 are
produced herewith and the same are marked as
PLAINT DOCUMENT Nos. 26 and 27.

24. That the police authority while enquiring into the issue
put forth by the plaintiffs, issued police notice to the 7 th
defendant - M/s Belli Credit Co-Operative Society
Limited under Section 91 of Code of Criminal Procedure,
1973 on 26.11.2021 to provide all the documents
obtained while granting mortgage loan to the 1 st and 3rd
defendants. Certified copy of the police notice dated
26.11.2021 is produced herewith and the same are
marked as PLAINT DOCUMENT No. 28. Likewise,
police notice was also issued to the 8 th defendant -
Nagarabhavi Souharda Credit Co-Operative Ltd., under
Section 91 of Code of Criminal procedure, 1973 on
26.11.2021 but failed to reply nor turned up with the
documents as evidenced in the Charge Sheet. Certified
copy of the police notice dated 26.11.2021 is produced
herewith and the same are marked as PLAINT
DOCUMENT No. 29. That further upon receiving the
police notice, only the 7th defendant - M/s Belli Credit Co-

Operative Society Limited on 29.03.2022 replied with

the details providing the amount sectioned and further
also made vide letter dated 09.04.2022 made available
all the documents obtained from the 1st and 3rd
defendant but intentionally and deliberately failed to
provide the Supplementary Sharing Agreement dated
24.07.2015 for the best reasons known to them.
Certified copies of the letter dated 29.03.2022 and
09.04.2022 are produced herewith and the same are
marked as PLAINT DOCUMENT Nos. 30 and 31. That
further it is relevant to mention here that, if the 7 th
defendant has made available the Supplementary
Sharing Agreement dated 24.07.2015 obtained from the
1st and 3rd to the police authority, it would available in
the charge sheet filed by the police authority on
19.06.2022. That the Police authority after detailed
enquiry filed charge sheet before the IV Additional Chief
Metropolitan Magistrate, Bangalore City which stood
registered as C.C No. 24093/2022 and the said
proceedings is admittedly pending as on today.
Certified copy of the charge sheet dated 19.06.2022 is
produced herewith and the same is marked as PLAINT
DOCUMENT No. 32.
25. That it is relevant to mention here that, the
Encumbrance Certificate bearing No. IGR-EC-C-0020782-
2021-22 will clearly disclose and establish the alleged
face of the defendants in the matter of alleged transactions
in respect of two mortgage deeds i.e., Plaint Document
Nos. 19 and 20 in that aspect of the matter the
registered Societies are well within the knowledge of all
the transactions and all the defendants are well in
playing frauds. Certified copy of the Encumbrance
Certificate dated 17.11.2021 is produced herewith and the
same is marked as PLAINT DOCUMENT No. 33 and
the contents of which are self-explanatory.
26. That even though the same is countered above, these
plaintiffs shortly elaborate the intentional act by way of
fraud and mischiefs played by all of the defendants are
brought in short by para-wise manner:

A. That all the aforesaid documents prove and

establish that ‘B’, ‘C’, ‘D’ and ‘E’ Scehdule
properties are in possession of plaintiffs and
even all the defendants are well aware and
within the knowledge of the schedule i.e.,
Annexure - A and B mentioned in the first or
modified Supplementary Sharing Agreement
dated 24.07.2015 vide Plaint Document Nos. 8
and 9.

B. That the 8th defendant - Nagarabhavi Souharda

Credit Co-Operative Ltd., being the registered
Society and money lending Society did not
insist on the Supplementary Sharing
Agreement vide Plaint Document No. 9 for the
best reasons known to them, that when the
Flat No. G-2 would not fall under the share of
1st, 2nd and 3rd defendants, in that view the
 matter the said 8th defendant has step into the
shoes of 3rd defendant through 1st defendant
while playing fraud and mischiefs, therefore
the Plaint Document No. 19 is to be declared as
null and void and not binding on the plaintiff.

C. That the 7th defendant - M/s Belli Credit Co-

Operative Society Limited being the registered
Society even having clear knowledge of the
Schedule i.e., Annexure - A and B mentioned in
the first and modified Supplementary Sharing
Agreement vide Plaint Document Nos. 8 and 9
that Flat Nos. F-1 and G-2 will not fall to the
share of 1st, 2nd and 3rd defendants and
importantly, did not raise any query nor
rejected on the ground that the Flat No. G-2 is
already mortgaged with the 8th defendant, that
to having full knowledge of the encumbrance
certificate for period 01.04.2015 to 25.06.2019,
therefore the said 7th defendant has also step
into the shoes of 3rd defendant through 1st
defendant while playing fraud and mischiefs,
therefore the Plaint Document No. 20 is also to
be declared as null and void and not binding on
the plaintiff.

27. That, the defendants despite being in the full

knowledge that the Late C K Baskaran and now the
plaintiffs are the absolute owner in possession of the
plaint schedule Flats i.e., Flat Nos. S-2 and T1 and the
Flat Nos. F-1 and G-2 in question and having been
apprised that the defendants 1 to 6 are not empowered
nor had right, title and interest to mortgage the plaint
schedule Flats to the 7 th and 8th defendants. Further it is
relevant to mention here that since the Late C K
 Baskaran is not a party to the said mortgage deeds vide
Plaint Document Nos. 19 and 20 as well, the same
cannot bind the plaintiffs much less cast cloud on the
absolute and indefeasible title of the plaintiff over the
plaint schedule Flats. Therefore, there is no necessity
whatsoever for the plaintiffs to seek a declaration of
title with respect to plaint schedule Flats inasmuch as even
the defendants herein have no dispute about the title
over the Flat Nos. F-1 and G-2.

28. That plaintiffs have also sought for return of original

documents pledged with the 7th and 8th defendants -
which are in illegal possession even from the date of
knowledge and the strange fact is that the said
defendants 7 and 8 have clear knowledge of fraud
played by the defendants 1 to 6.

29. That under the circumstances stated above the

plaintiffs are constrained to seek a declaratory relief
from the hands of this Hon’ble Court to the effect that
the registered Memorandum of Mortgage by Deposit of
Title Deeds dated 28.12.2018 as per Plaint Document
No. 19 and the registered Memorandum of Mortgage by
Deposit of Title Deeds dated 27.06.2019 registered on
03.08.2019 as per Plaint Document No. 20 relating to
the plaint schedule Flats i.e., Flat Nos. F-1 and G-2 as
stated herein above and since the above said sale
transactions evidenced in document No. 19 and 20 are
rank fabricated and fraudulent documents. Even
otherwise, the plaintiffs are entitled to ignore the said
documents as the absolute owner of the plaint schedule
Flat bearing No. G-2, F-1, S-2 and T-1 and also on the
ground the Late C K Baskaran was not an executant of
the said documents and that the said transactions have
taken place behind the back of the Late C K Baskaran
 and plaintiffs that too in a fraudulent manner by taking
7th and 8th defendants into their collusion and
confidence. Therefore, the plaintiffs are entitled for the
reliefs of declaration as prayed for in the instant suit.

30. That apart from the facts stated herein above, it is

relevant to mention here that notwithstanding the
above said fraudulent mortgaged transactions as per
Plaint Document Nos. 19 and 20 purportedly relating to
the plaint schedule Flats, the plaintiff is in physical
possession of the plaint schedule Flats and the same is
in lawful possession of the plaintiffs as on this date.
That off the record there are likelihood of threaten to
disturb the peaceful possession and enjoyment of plaint
schedule Flat of the plaintiff on the basis of the
aforesaid fraudulent deeds i.e., Plaint Document Nos.
19 and 20 which cannot bind much less effect the
perfect title and possession of the plaintiffs over the
plaint schedule Flats. That it is relevant to mention here
that the plaintiffs are not in a position to resist the
illegal and high ended acts of the defendants Nos. 1 to
6, which is being encouraged by the defendant Nos. 7
and 8 in the matter of forcible dispossession of the
plaintiffs from the plaint schedule Flats i.e., Flat No.
F-1 and G-2. Pecuniary compensation is not an adequate
relief for the threatened invasion by the defendants in
respect of the plaint schedule Flats and as such the
plaintiffs are entitled for a consequential relief of
permanent injunction as well as against the defendants.

31. That further plaintiffs have also sought permanent

injunction also in respect of Flat No. S-2 and T-1 i.e., ‘D’
and ‘E’ Schedule properties by taking well knowledge of
the above fraud and mischiefs played by the
defendants throughout.
32. That it is relevant to mention here that, the 7 th and 8th
defendants even after having knowledge of the fraud
and mischiefs played by the defendants 1 to 6, did not
take any steps for cancellation of two mortgage deeds
nor action against the said defendants, which clearly
show the act of fraud played in collusion.
33. That the suit schedule Flats i.e., Flat Nos. G-2, F-1, S-2
and T-1 admittedly are in possession and enjoyment of
the plaintiffs as on date of the present suit. Further it is
relevant to mention here that all the documents
produced by me are staring at all the defendants who
have played the fraud and mischiefs throughout in
collusion.

34. That the cause of action for this instant suit arose on
28.12.2018 execution of MEMORANDUM OF
MORTGAGE BY DEPOSIT OF TITLE DEEDS vide
Plaint Document No. 19 and 27.06.2019/03.08.2019
execution of MEMORANDUM OF DEPOSIT OF TITLE
DEEDS vide Plaint Document No. 20 and on
01.03.2021 when the 1st plaintiff came to know the
alleged acts played by the 2nd and 3rd defendants
through 1st defendant took undertaking vide Document
No. 25, when the said undertaking knocked down
without enforcing, lodged a complaint before the
Jayanagar Police Station on 02.10.2021, thereafter
enquired and started to obtain certified copies of the
alleged mortgage deeds which came to the
knowledge of the plaintiffs. Now in the last week of
January, 2023 some of the officials saying the name of
defendant’s Society visited the ‘A’ Schedule Property
and took knowledge of the Flats. Thus, the instant suit
filed by the plaintiffs within the period of limitation as
per the provisions contained under Limitation Act, 1963
 as amended. That the plaintiffs have not filed any suit
on the same cause of action. That further the plaint ‘A’
schedule property site and plaint schedule Flats are
situated within the jurisdiction of this Hon’ble Court to
try the instant suit filed by the plaintiffs.
35. That the subject matter of the present suit of the plaint
schedule Flats are valued at Rs. 3,00,00,000/- (Rupees
Three Crores Only) for the purpose of jurisdiction and
the reliefs of declaratory decree and consequential
reliefs permanent injunction in respect plaintiffs share
in the plaint ‘A’ schedule property site and the reliefs of
declaratory decree for the purpose of court fee is
valued under Section 24(d) of the Karnataka Court Fees
and Suit Valuation Act, 1958 and the reliefs of
permanent injunction is valued under Section 26(c) of
the said Act and in all court fee of Rs. 25/- each is
payable on the said reliefs and/an aggregate court fee
of Rs. 125/- (Rupees One Hundred and Twenty-Five
Only) is paid under Karnataka Court Fees and Suit
Valuation Act, 1958 as amended. In detail of the same
having regard to the fact and circumstances stated
above that the plaintiffs are not at all the executant of
the alleged mortgage deeds dated 28.12.2018
(MEMORANDUM OF MORTGAGE BY DEPOSIT OF TITLE
DEEDS) vide Plaint Document No. 19 and 27.06.2019 /
03.08.2019 (MEMORANDUM OF DEPOSIT OF TITLE DEEDS)
vide Plaint Document No. 20, therefore there is no need
for the plaintiffs to seek the cancellation of the same
being a non-executant of the said mortgage deeds and
the plaintiffs have only sought for a declaration that the
said two registered mortgage deeds are invalid, non-
est, illegal, non-executant of the said deeds and not
binding on the plaintiffs. That further the proposition of
law in respect of valuation is covered by the judgment
of the Hon’ble Supreme Court of India reported in 2010
 AIR SCW 3308 in the case of Suhrid Singh @
Sardool Singh v/s Randhir Singh and Others. A
separate valuation slip is annexed to this plaint.
36. That, the plaintiffs hereby state and declare that the
plaintiff has not filed any other suit either before this
Hon’ble Court or any other court or authority on the
same cause of action arose in this instant suit. The
plaintiff further submits that no other alternative
effective or adequate remedy otherwise than by means
of filing this instant suit.

PRAYER IN THE INSTANT SUIT

WHEREFORE, it is prayed that this Hon’ble Court may kindly be

pleased to pass a judgement and decree in favour of the
plaintiffs and against the defendants for the following
reliefs:

A. For the grant of a declaratory decree that the registered

“MEMORANDUM OF MORTGAGE BY DEPOSIT OF
TITLE DEEDS” dated 28.12.2018 vide PLAINT
DOCUMENT No. 19 executed by 1st defendant through
3rd defendant in favour of the 8th defendant - Nagarabhavi
Souharda Credit Co-Operative Ltd., which stood
registered in the office of the Sub-Registrar, Jayanagar
(Rajarajeshwarinagar), Bangalore vide bearing registration
No. RRN-1-06964-2018-2019, Book – I, stored in C.D No.
RRND214 purportedly relating to the Flat No. G-2 i.e.,
plaint ‘C’ schedule Property is non-est, invalid, illegal,
fraudulent and not binding on the plaintiffs who are the
absolute owner and in lawful possession and being a
non-executant of the said mortgage deed dated
28.12.2018 when the defendants 1 and 3 have no right,
title and interest over the plaint ‘C’ Schedule Property
in respect of plaintiffs share is concerned as per the
 schedule mentioned in the modified Supplementary
Sharing Agreement vide Plaint Document No. 9 ;
B. For the grant of a declaratory decree that the registered
“MEMORANDUM OF DEPOSIT OF TITLE DEEDS”
dated 27.06.2019 registered on 03.08.2019 vide
PLAINT DOCUMENT No. 20 executed by the 1st
defendant through 2nd, 3rd, 4th, 5th and 6th defendants in
favour of the 7th defendant - M/s Belli Credit Co-
Operative Society Limited which stood registered in the
office of the Sub-Registrar, Jayanagar
(Rajarajeshwarinagar), Bangalore vide bearing
registration No. RRN-1-03493-2019-2020, Book – I,
stored in C.D No. RRND369 purportedly relating to the
Flat No. F-1 and Flat No. G-2 i.e., plaint ‘B’ and ‘C’
schedule Properties is non-est, invalid, illegal,
fraudulent and not binding on the plaintiffs who are the
absolute owner and in lawful possession and being a
non-executant of the said mortgage deed dated
27.06.2019 registered on 03.08.2019 since the
defendants 1, 3 to 6 have no right, title and interest
over the plaint ‘B’ and ‘C’ schedule Properties in respect
of plaintiffs share is concerned as per the schedule
mentioned in the modified Supplementary Sharing
Agreement vide Plaint Document No. 9 ;

C. seeking a relief of perpetual injunction restraining the

defendants, their men, servants, agents, and all
persons claiming through or under them in any way
interfering with peaceful possession and enjoyment of
plaint schedules in respect of plaintiff share is
concerned i.e., plaint ‘B’, ‘C’, ‘D’ and ‘E’ schedule
Properties;

D. consequential relief of perpetual injunction restraining

the defendants, their men, servants, agents and all
 other persons claiming through or under them from in
any way from dispossessing the plaintiffs from the
plaint ‘B’, ‘C’, ‘D’ and ‘E’ Schedule Properties Flats
standing on the ‘A’ Schedule Property;

E. consequential relief of perpetual injunction restraining

the defendants from alienating, selling, mortgaging,
leasing or creating any third-party right of interest in
respect of the Plaint ‘B’ and ‘C’ Schedule Properties
standing on the ‘A’ Schedule Property keeping the
alleged mortgage deeds in question vide Plaint
Document Nos. 19 and 20 which being the non-est,
invalid, illegal, fraudulent and not binding on the
plaintiffs and being a non-executant of the said
mortgage deeds;

F. consequential relief of perpetual injunction restraining

the defendants 1 to 3 from alienating, selling,
mortgaging, leasing or creating any third-party right of
interest in respect of the Plaint ‘D’ and ‘E’ Schedule
Properties standing on the ‘A’ Schedule Property;

G. direct the 7th defendant - M/s Belli Credit Co-Operative

Society Limited to return all the originals documents set
out in the alleged mortgage deed dated
27.06.2019/03.08.2019 vide Plaint Document No. 20
i.e., at Sl. No. 1, 2, 3, 4, 5, 6 and 7 under the title List of
Documents.

H. direct the 8th defendant - Nagarabhavi Souharda Credit

Co-Operative Ltd., to return all the originals documents
set out in the alleged mortgage deed dated
27.06.2019/03.08.2019 vide Plaint Document No. 19 as
per Schedule – A of the said deed.

I. grant the cost of the suit to the plaintiffs; and

J. and for such other and further reliefs as this Hon’ble
Court deems fit under the facts and circumstances of
the case.

Bangalore
9th February, 2024 1st Plaintiff

Advocate for Plaintiffs 2nd Plaintiff

(Ashok Mesta)

VERIFICATION

We, Vasanthi Baskaran and Nitesh C B, the plaintiffs, do

hereby declare that the facts stated above are all true and
correct to the best of my knowledge, information and belief.

Bangalore
9th February, 2024 1st Plaintiff

2nd Plaintiff

PLAINT SCHEDULE PROPERTIES

“A” SCHEDULE PROPERTY

All that piece and parcel of the Residential Property bearing

No. 575, situated at 43rd Cross Road, 8th Block, Jayanagar,
Bangalore having its PID No. 58-94-107, measuring East
to West: 40 Feet and North to South: 70 Feet in total
measuring 2800 Square Feet, residential building standing
consisting of 8 Flats consisting and bounded on :

East by : Site No. 574 ;

West by : Site No. 576 ;
North by : Road ;
South by : Site No. 582
“B” SCHEDULE PROPERTY
All that part and parcel of Flat bearing No. F-1, with super
built up area of 1365 Square Feet, situated at 1 st Floor of the
Residential Apartment Building named “Tirumala Euphoria”
along with 364 undivided shares in the Schedule ‘A’ Property
together with one covered CAR Parking area in the Property
bearing No. 575, situated at 43 rd Cross Road, 8th Block,
Jayanagar, Bangalore having its PID No. 58-94-107, measuring
East to West: 40 Feet and North to South: 70 Feet in total
measuring 2800 Square Feet, residential building standing
consisting of 8 Flats consisting.

“C” SCHEDULE PROPERTY

All that part and parcel of Flat bearing No. G-2, with super
built up area of 1265 Square Feet, situated at ground Floor of
the Residential Apartment Building named “Tirumala Euphoria”
along with 336 undivided shares in the Schedule ‘A’ Property
together with one covered CAR Parking area in the Property
bearing No. 575, situated at 43 rd Cross Road, 8th Block,
Jayanagar, Bangalore having its PID No. 58-94-107, measuring
East to West: 40 Feet and North to South: 70 Feet in total
measuring 2800 Square Feet, residential building standing
consisting of 8 Flats consisting.

“D” SCHEDULE PROPERTY

All that part and parcel of Flat bearing No. S-2, with super
built up area of 1265 Square Feet, situated at 2 nd Floor of the
Residential Apartment Building named “Tirumala Euphoria”
along with 336 undivided shares in the Schedule ‘A’ Property
together with one covered CAR Parking area in the Property
bearing No. 575, situated at 43 rd Cross Road, 8th Block,
Jayanagar, Bangalore having its PID No. 58-94-107, measuring
East to West: 40 Feet and North to South: 70 Feet in total
measuring 2800 Square Feet, residential building standing
consisting of 8 Flats consisting.
“E” SCHEDULE PROPERTY

All that part and parcel of Flat bearing No. T-1, with super
built up area of 1365 Square Feet, situated at 3 rd Floor of the
Residential Apartment Building named “Tirumala Euphoria”
along with 364 undivided shares in the Schedule ‘A’ Property
together with one covered CAR Parking area in the Property
bearing No. 575, situated at 43 rd Cross Road, 8th Block,
Jayanagar, Bangalore having its PID No. 58-94-107, measuring
East to West: 40 Feet and North to South: 70 Feet in total
measuring 2800 Square Feet, residential building standing
consisting of 8 Flats consisting.

Bangalore
9th February, 2024 1st Plaintiff

Advocate for Plaintiffs 2nd Plaintiff

(Ashok Mesta)

VERIFICATION

We, Vasanthi Baskaran and Nitesh C B, the plaintiffs, do

hereby declare that the facts stated above are all true and
correct to the best of my knowledge, information and belief.

Bangalore
9th February, 2024 1st Plaintiff

2nd Plaintiff

IN THE COURT OF THE PRINCIPAL CITY CIVIL AND

SESSIONS JUDGE, BANGALORE CITY

Original Suit No. 1047 / 2024

BETWEEN:
Vasanthi Baskaran and others Plaintiffs

AND

M/s Tirumala Constructions

and others Defendants

VERIFYING AFFIDAVIT

I, Vasanthi Baskaran, aged about 59 years, W/o Late C K

Baskaran, Residing at Flat No. S-2, Residing at Flat No. S-2,
Second Floor, “Tirumala Euphoria”, No. 575, 43 rd Cross, 8th Block,
Jayanagar, Bangalore – 560 070, do hereby solemnly affirm and
state on oath as follows:

1. I submit that, I am the 1 st plaintiff in the above suit and I

am well acquainted with the facts of the case. I am
orally authorized to swear this affidavit on behalf of 2 nd
plaintiff as well.

2. I submit that, averments made in the plaint paragraphs

1 to 36 are true to the best of my knowledge,
information and belief and I believe them to be true.

3. I submit that the documents relied upon by me along

with the plaint are Copies and Certified copies.

Bangalore
9th February, 2024
Identified by me, Deponent

Advocate
No. of Corrections :
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE, BANGALORE CITY

ORIGINAL SUIT No. 1047 / 2024

BETWEEN:
1. Vasanthi Baskaran
Aged about 59 years,
W/o Late C K Baskaran,
Residing at Flat No. S-2,
“Tirumala Euphoria”,
No. 575, 43rd Cross,
8th Block, Jayanagar,
Bangalore – 560 070

2. Nitesh C B
Aged about 28 years,
S/o Late C K Baskaran,
Residing at Flat No. S-2,
“Tirumala Euphoria”,
No. 575, 43rd Cross,
8th Block, Jayanagar,
Bangalore – 560 070 PLAINTIFFS

AND

1. M/s Tirumala Constructions

A Partnership Firm,
Registered Office at No. 326,
5th Main, 10th Cross,
4th Stage, Vinayaka Layout,
Nagarabhavi,
Bangalore – 560 072

2. Praveen Mohan
Aged about 44 years,
S/o R Mohan,
Residing at No. 326,
5th Main, 10th Cross,
4th Stage, Vinayaka Layout,
Nagarabhavi,
Bangalore – 560 072
3. R Mohan
Aged about 75 years,
S/o R Ranganathan,
Residing at No. 326,
5th Main, 10th Cross, 4th Stage,
Vinayaka Layout, Nagarabhavi,
Bangalore – 560 072

4. R Kumar
 Aged about 50 years,
S/o Rudrachar,
Residing at No. 438,
9th Cross, 5th Main,
Vinayaka Layout,
9th Block, Nagarabhavi,
Bangalore 560 072

5. Manjula R K
Aged about 46 years,
W/o R Kumar,
Residing at No. 438,
9th Cross, 5th Main,
Vinayaka Layout,
9th Block, Nagarabhavi,
Bangalore 560 072

6. N Mahesh
Aged about 44 years,
S/o V Nataraj,
Residing at No. 22,
5th Cross, L N Puram,
Srirampuram,
Bangalore – 560 021

7. Belli Credit Co-Operative Society Ltd.,

Registration No. UBC-4/283/RGN/46514/2014-15,
Represented by its Manager,
Registered Office at No. 1108/L,
(Opposite to Hampinagara Bus Stand),
9th Main Road, Hampinagara,
Vijayanagara 2nd Stage,
Bangalore – 560 104
8. Nagarabhavi Souharda Credit Co-Operative Ltd.,
Registration No. AR-44/RGN/14/4895/2018-19
Represented by its Secretary,
Registered office at No. 471,
Shasta Heights, 5th Main Road,
10th Cross Road, Vinayaka Layout,
Nagarabhavi 9th Block,
Bangalore – 560 072 DEFENDANTS

APLICANTION UNDER ORDER VI RULE 14-A OF CODE OF

CIVIL PROCEDURE, 1908 AS AMENDED
THAT THE PLAINTIFFS ABOVE NAMED BEGS TO STATE AS
FOLLOWS:-

1. The address of the parties for the purpose of court

process, summons etc., are as shown in the cause title
above.

2. The registered address of the plaintiffs are as follows:

1. Vasanthi Baskaran
Aged about 59 years,
W/o Late C K Baskaran,
Residing at Flat No. S-2,
“Tirumala Euphoria”,
No. 575, 43rd Cross,
8th Block, Jayanagar,
Bangalore – 560 070

2. Nitesh C B
Aged about 28 years,
S/o Late C K Baskaran,
Residing at Flat No. S-2,
“Tirumala Euphoria”,
No. 575, 43rd Cross,
8th Block, Jayanagar,
Bangalore – 560 070

3. The registered address of the defendants are drawn

below as follows:-
1. M/s Tirumala Constructions
A Partnership Firm,
Registered Office at No. 326,
5th Main, 10th Cross,
4th Stage, Vinayaka Layout,
Nagarabhavi,
Bangalore – 560 072

2. Praveen Mohan
Aged about 44 years,
S/o R Mohan,
Residing at No. 326,
5th Main, 10th Cross,
 4th Stage, Vinayaka Layout,
Nagarabhavi,
Bangalore – 560 072

3. R Mohan
Aged about 75 years,
S/o R Ranganathan,
Residing at No. 326,
5th Main, 10th Cross, 4th Stage,
Vinayaka Layout, Nagarabhavi,
Bangalore – 560 072

4. R Kumar
Aged about 50 years,
S/o Rudrachar,
Residing at No. 438,
9th Cross, 5th Main,
Vinayaka Layout,
9th Block, Nagarabhavi,
Bangalore 560 072

5. Manjula R K
Aged about 46 years,
W/o R Kumar,
Residing at No. 438,
9th Cross, 5th Main,
Vinayaka Layout,
9th Block, Nagarabhavi,
Bangalore 560 072
6. N Mahesh
Aged about 44 years,
S/o V Nataraj,
Residing at No. 22,
5th Cross, L N Puram,
Srirampuram,
Bangalore – 560 021

7. Belli Credit Co-Operative Society Ltd.,

Registration No. UBC-4/283/RGN/46514/2014-15,
Represented by its Manager,
Registered Office at No. 1108/L,
(Opposite to Hampinagara Bus Stand),
9th Main Road, Hampinagara,
Vijayanagara 2nd Stage,
 Bangalore – 560 104

8. Nagarabhavi Souharda Credit Co-Operative

Ltd.,
Registration No. AR-44/RGN/14/4895/2018-19
Represented by its Secretary,
Registered office at No. 471,
Shasta Heights, 5th Main Road,
10th Cross Road, Vinayaka Layout,
Nagarabhavi 9th Block,
Bangalore – 560 072

4. It is submitted that the plaintiffs and defendants are

residing in the above said address are true and correct
to the knowledge of the plaintiff.

Bangalore
9th February, 2024 Advocate for Plaintiffs
(Ashok Mesta)

Form No. 1 (Civil)

Valuation Slip
(R. P. 11. 103)
Karnataka Civil Rules of Practice

IN THE COURT OF THE PRINCIPAL CITY CIVIL AND

SESSIONS JUDGE, BANGALORE CITY

Original Suit No. 1047 / 2024

BETWEEN:

Vasanthi Baskaran and others Plaintiffs

AND

M/s Tirumala Constructions

and others Defendants
 VALUATION SLIP

That the subject matter of the present suit of the plaint schedule
Flats are valued at Rs. 3,00,00,000/- (Rupees Three Crores
Only) for the purpose of jurisdiction and the reliefs of
declaratory decree and consequential reliefs permanent
injunction in respect plaintiffs share in the plaint ‘A’ schedule
property site and the reliefs of declaratory decree for the
purpose of court fee is valued under Section 24(d) of the
Karnataka Court Fees and Suit Valuation Act, 1958 and the
reliefs of permanent injunction is valued under Section 26(c) of
the said Act and in all court fee of Rs. 25/- each is payable on
the said reliefs and/an aggregate court fee of Rs. 125/- (Rupees
One Hundred and Twenty-Five Only) is paid under Karnataka
Court Fees and Suit Valuation Act, XVI of 1958 as amended.

Bangalore
9th February, 2024 Advocate for Plaintiffs
(Ashok Mesta)
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE, BANGALORE CITY

Original Suit No. 1047 / 2024

BETWEEN:

Vasanthi Baskaran and others Plaintiffs

AND

M/s Tirumala Constructions

and others Defendants

LIST OF DOCUMENTS

Sl. Documen List of Documents Page Nos.

No. t Nos.
1. Documen
t No. 1 Certified copy of the Release 42 - 54
Deed dated 14.05.2015.

2. Documen
t No. 2 Certified copy of the Absolute 55 - 64
Sale Deed dated 23.06.2015 /
27.06.2015.

3. Documen
t No. 3 Katha Certificate dated 65
12.02.2021 issued by the BBMP.

4. Documen
t No. 4 Katha Extract dated 12.02.2021 66
issued by the BBMP.

5. Documen
t No. 5 Property Tax Receipt paid for the 67
year 2023-2024.

6. Documen
t No. 6 Certified copy of the Joint
Development Agreement dated 68 - 101
24.07.2015.

7. Documen
t No. 7 Certified copy of the Power of 102 - 114
Attorney dated 24.07.2015.

8. Documen
t No. 8 True copy of the Supplementary
Sharing Agreement dated 115 - 120
24.07.2015.

9. Documen
t No. 9 Certified copy of the modified
Supplementary Sharing 121 - 126
Agreement dated 24.07.2015.
10. Documen
t No. 10 Certified copy of the Deed of
Simple Mortgage dated 127 - 137
08.09.2016.

11. Documen
t No. 11 Certified copy of the Deed of
Simple Mortgage dated 138 - 153
06.01.2017.

12. Documen
t No. 12 Certified copy of the Deed of
Simple Mortgage dated 154 - 168
06.01.2017/11.01.2017.

13. Documen
t No. 13 Certified copy of the Sale Deed 169 - 195
dated 05.10.2019.

14. Documen
t No. 14 Certified copy of the Sale Deed 196 - 213
dated 08.02.2019/13.02.2019.

15. Documen
t No. 15 Certified copy of the Sale Deed 214 - 231
dated 12.01.2018.

16. Documen
t No. 16 Certified copy of the Sale Deed 232 - 248
dated 08.02.2019/13.02.2019.

17. Documen
t No. 17 Certified copy of the Sale Deed 249 - 261
dated 12.11.2019.

18. Documen
t No. 18 Certified copy of the Sale Deed 262 - 272
dated 06.03.2020.
19. Documen
t No. 19 Certified copy of the Memorandum
of Mortgage by Deposit of Title 273 - 282
Deeds dated 28.12.2018 executed
in favour of Nagarabhavi Souharda
Credit Co-Operative Ltd.,.

20. Documen
t No. 20 Certified copy of the
Memorandum of Deposit of Title
Deeds dated 27.06.2019 / 283 - 293
03.08.2019 in favour of M/s Belli
Credit Co-Operative Society Limited.

21. Documen
t No. 21 Certified copy of Letter dated 294 - 306
26.06.2019 in respect of legal
scrutiny.

22. Documen
t No. 22 Certified copy of Written Statement 307 - 323
filed in COM.O.S No. 359/2020.

23. Documen
t No. 23 Certified copy of Written Statement 324 - 335
filed in O.S No. 1585/2022.

24. Documen
t No. 24 Death certificate of Late C K 336
Baskaran issued on 07.06.2021.

25. Documen
t No. 25 True copy of the Undertaking 337 - 342
dated 01.03.2021/03.03.2021.

26. Documen
t No. 26 Certified copy of Complaint dated 343 - 345
02.10.2021.

27. Documen
 t No. 27 Certified copy of F.I.R which stood
registered as Crime No. 346 - 349
0205/2021.

28. Documen
t No. 28 Certified copy of the police notice
dated 26.11.2021 issued under
Section 91 of Code of Criminal 350 - 351
Procedure, 1973 addressed to 7th
defendant.

29. Documen
t No. 29 Certified copy of the police notice
dated 26.11.2021 issued under 352 - 353
Section 91 of Code of Criminal
Procedure, 1973 addressed to 8th
defendant.

30. Documen
t No. 30 Certified copy of the Letter dated 354 - 355
29.03.2022.

31. Documen
t No. 31 Certified copy of the Letter dated 356
09.04.2022.

32. Documen
t No. 32 Certified copy of the Charge
Sheet filed under Section 173 357 - 362
Code of Criminal Procedure,
1973.

33. Documen
t No. 33 Certified copy of the 363 - 375
Encumbrance Certificate dated
17.11.2021.

Bangalore
9th February, 2024 Advocate for Plaintiffs
(Ashok Mesta)
 IN THE COURT OF THE XXII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BANGALORE (CCH - 07)

Original Suit No. 1047 / 2024

BETWEEN:

Vasanthi Baskaran and others Plaintiffs

AND

M/s Tirumala Constructions

and others Defendants

AFFIDAVIT

I, Vasanthi Baskaran, aged about 59 years, W/o Late C K

Baskaran, Residing at Flat No. S-2, Residing at Flat No. S-2,
Second Floor, “Tirumala Euphoria”, No. 575, 43 rd Cross, 8th Block,
Jayanagar, Bangalore – 560 070, do hereby solemnly affirm and
state on oath as follows:

1. I submit that, I am the 1 st plaintiff in the above suit and I

am well acquainted with the facts of the case. I am
orally authorized to swear this affidavit on behalf of 2 nd
plaintiff as well.
2. I submit that in compliance with the provisions
contained under Order XXXIX Rule 3 of the Code of Civil
Procedure, 1908 as amended, I have delivered a copy
of the application seeking an order of temporary
injunction, an affidavit in support of it, a copy of the
plaint and copies of all the documents filed in support of
the plaint to defendants Nos. 1 to 8 in the above suit.

3. I submit that in view of the facts stated above, I have

complied with the mandatory requirement of Order
XXXIX Rule 3 of the Code of Civil Procedure, 1908 as
amended. The necessary acknowledgment of defendant
Nos. 1 to 8 and the Postal receipts for having sent the
required documents to the defendant Nos. 1 to 8 by
Registered Post are produced herewith.

Bangalore
27th February, 2024
Identified by me, Deponent

Advocate
No. of Corrections :
 IN THE COURT OF THE XXII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BANGALORE (CCH - 07)

Original Suit No. 1047 / 2024

BETWEEN:

Vasanthi Baskaran and others Plaintiffs

AND

M/s Tirumala Constructions

and others Defendants

POSTAL RECEIPTS
Bangalore
27th February, 2024 Advocate for Plaintiffs
(Ashok Mesta)
IN THE COURT OF THE XXII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BANGALORE (CCH - 07)

I.A No. ___

IN
Original Suit No. 1047 / 2024

BETWEEN:

Vasanthi Baskaran and others Plaintiffs

AND

M/s Tirumala Constructions

and others Defendants

APPLICATIOIN FILED UNDER SECTION 151 OF THE CODE

OF CIVIL PROCEDURE 1908 AS AMENDED

THAT, THE PLAINTIFF ABOVE NAMED BEGS TO SUBMIT AS

FOLLOWS :

That, for the reasons sworn to in the accompanying affidavit, the

plaintiff respectfully prays that this Hon’ble Court may be
pleased to extend the exparte order of temporary
injunction granted on 26.02.2024, which is extended till
today and the same may be extended till further orders and
grant the plaintiff such other and further reliefs as this Hon’ble
Court deems fit under the facts and circumstances of the case.

10th September, 2025

Bangalore Advocate for
Plaintiff
(Ashok Mesta)

IN THE COURT OF THE XXII ADDITIONAL CITY CIVIL

AND SESSIONS JUDGE, BANGALORE (CCH - 07)

Original Suit No. 1047 / 2024

BETWEEN:

Vasanthi Baskaran and others Plaintiffs

AND

M/s Tirumala Constructions

and others Defendants

MEMORAMNDUM OF FACTS

I, Ashok Mesta, advocate, aged about 35 years, S/o Vasudev

Mesta, Office at Chamber No. 14, Centenary Bhavan, 1st Floor,
Behind A.S.V.N.V Bhavan, Opposite State Bank of India (Mysore
Bank Circle), K G Road, Bangalore - 560 009, do hereby solemnly
affirm and state as here under :

1. I submit that I am the advocate representing the

plaintiff in the above suit. I am well acquainted with the
facts of the case.

2. I submit that in the above suit, this Hon’ble court was

pleased to grant exparte order of temporary
injunction on 26.02.2024 for a limited period and
same is extended from time to time till today and pray
this Hon’ble Court to extend the same till further orders.
I submit that the said exparte order of temporary
injunction will expire today itself. Hence, I pray before
 this Hon’ble court may be pleased to extended the
same in the interest of justice. Hence, this affidavit.

10th September, 2025

Bangalore Advocate for
Plaintiff
(Ashok Mesta)
IN THE COURT OF THE XXII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BANGALORE (CCH - 07)

I.A No. ___

IN
Original Suit No. 1047 / 2024

BETWEEN:

Vasanthi Baskaran and others Plaintiffs

AND

M/s Tirumala Constructions

and others Defendants

APPLICANT IN THIS I.A

Vasanthi Baskaran Applicant

APPLICATIOIN FILED UNDER SECTION 58 OF BHARATIYA

SAKSHYA ADHINIYAM, 2023 READ WITH SECTION 151 OF
THE CODE OF CIVIL PROCEDURE 1908 AS AMENDED

THAT, THE PLAINTIFF/APPLICANT ABOVE NAMED BEGS TO

SUBMIT AS FOLLOWS :

That, for the reasons sworn to in the accompanying affidavit, the

plaintiff respectfully prays that this Hon’ble Court may be
pleased to receive the PLAINT DOCUMENT No. 8 and
mark the said Document as Exhibit in the above suit as
Secondary Evidence in the above suit and grant the
Plaintiff/Applicant such other and further reliefs as this Hon’ble
Court deems fit under the facts and circumstances of the case.
24th April, 2025
Bangalore Advocate for Applicant/Plaintiff
(Ashok Mesta)

IN THE COURT OF THE XXII ADDITIONAL CITY CIVIL

AND SESSIONS JUDGE, BANGALORE (CCH - 07)

Original Suit No. 1047 / 2024

BETWEEN:

Vasanthi Baskaran and others Plaintiffs

AND

M/s Tirumala Constructions

and others Defendants

AFFIDAVIT

I, Vasanthi Baskaran, aged about 59 years, W/o Late C K

Baskaran, Residing at Flat No. S-2, Residing at Flat No. S-2,
Second Floor, “Tirumala Euphoria”, No. 575, 43 rd Cross, 8th Block,
Jayanagar, Bangalore – 560 070, do hereby solemnly affirm and
state on oath as follows:

1. I submit that, I am the 1 st plaintiff in the above suit and I

am well acquainted with the facts of the case. I am
orally authorized to swear this affidavit on behalf of 2 nd
plaintiff as well.

2. I submit that, have filed the above suit for declaration

and injunction against the defendants who have played
cards close to their respective chest and played fraud
upon us and to avoid repletion of facts, plaint may be
read as part and parcel of this affidavit.

3. I submit that the original document i.e., Plaint

Document No. 8 in in the custody of defendants 1, 2
 and 3 and the copy of the same is available with us and
at this juncture the said document is very much
necessary to decide the suit on merits. I submit that
none of the defendants have filed the written statement
nor produced any document which are in their custody
as on the date of filing of the above suit.

4. I submit that no prejudice would be caused to the

defendants if the accompanying application is allowed
and they have every right to challenge the said
document 8 as and when necessary. Therefore, it is just
and necessary to allow the accompanying as prayed
for.

WHEREFORE, it is prayed before this Hon’ble court be pleased

to allow the accompanying application as prayed for in the
interest of justice ad equity.

24th April, 2025

Bangalore
Identified by me, Deponent

Advocate
No. of Corrections :
 IN THE COURT OF THE XXII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BANGALORE (CCH - 07)

I.A No. ___

IN
Original Suit No. 1047 / 2024

BETWEEN:

Vasanthi Baskaran and others Plaintiffs

AND

M/s Tirumala Constructions

and others Defendants

APPLICANT IN THIS I.A

Vasanthi Baskaran Applicant

APPLICATIOIN FILED UNDER ORDER VII RULE 14 READ

WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE
1908 AS AMENDED

THAT, THE PLAINTIFF/APPLICANT ABOVE NAMED BEGS TO

SUBMIT AS FOLLOWS :

That, for the reasons sworn to in the accompanying affidavit, the

plaintiff respectfully prays that this Hon’ble Court may be
pleased to permit the plaintiff / applicant to produce the
following PLAINT DOCUMENT No. 25 which is vital
document to decide the above suit on merits and grant the
Plaintiff/Applicant such other and further reliefs as this Hon’ble
Court deems fit under the facts and circumstances of the case.

LIST OF DOCUMENT: Original Undertaking dated

01.03.2021/03.03.2021.

24th April, 2025

Bangalore Advocate for Applicant/Plaintiff
(Ashok Mesta)
 IN THE COURT OF THE XXII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BANGALORE (CCH - 07)

Original Suit No. 1047 / 2024

BETWEEN:

Vasanthi Baskaran and others Plaintiffs

AND

M/s Tirumala Constructions

and others Defendants

AFFIDAVIT

I, Vasanthi Baskaran, aged about 59 years, W/o Late C K

Baskaran, Residing at Flat No. S-2, Residing at Flat No. S-2,
Second Floor, “Tirumala Euphoria”, No. 575, 43 rd Cross, 8th Block,
Jayanagar, Bangalore – 560 070, do hereby solemnly affirm and
state on oath as follows:

1. I submit that, I am the 1 st plaintiff in the above suit and I

am well acquainted with the facts of the case. I am
orally authorized to swear this affidavit on behalf of 2 nd
plaintiff as well.

2. I submit that, have filed the above suit for declaration

and injunction against the defendants who have played
cards close to their respective chest and played fraud
upon us and to avoid repletion of facts, plaint may be
read as part and parcel of this affidavit.

3. I submit that, at time of filing the above suit, I have

produced the xerox copy of the Undertaking dated
01.03.2021/03.03.2021 as Plaint Document No. 25,
whereby the original document was missing at time of
filing the above suit and now the original copy of the
same is available with me which is sought to be
 produced along with this application for consideration to
mark as exhibit.

4. I submit that, no prejudice would be caused to the

defendants if the present application is allowed and
great hardship would be caused to me, if the present
application not allowed. Therefore, the present
application may be allowed in the interest of justice.

WHEREFORE, it is prayed before this Hon’ble court be pleased

to allow the accompanying application as prayed for in the
interest of justice ad equity.

24th April, 2025

Bangalore
Identified by me, Deponent

Advocate
No. of Corrections :