IN THE COURT OF THE PRINCIPAL SENIOR CIVIL

JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

ORIGINAL SUIT No. ________ / 2025

BETWEEN:

Smt. K V Geetha and another Plaintiffs

AND

Smt. Asha U K and others Defendants

INDEX

Court Fee : Rs. 343/- Process Fee : Rs. 250/-

Sl. Nos. Description Page Nos.

01. Memorandum of Plaint filed under

Section 26 read with Order VII Rule 1 of
1 - 22
the Code of Civil Procedure, 1908 as
amended.

02. Verifying Affidavit. 23

03. Application filed under Order VI Rule

24 - 27
14-A of the Code of Civil Procedure,
1908 as amended.

04. Valuation Slip. 28 - 29

05. List of Documents along with

30 - 96
Documents.

06. Vakalathnamma. 97
07. Process Memo along with Copy of
98
Plaint, Applications and Documents.

08. I.A No. 1 / 2025 for First Hearing -

Application filed under Section 151 of
99 - 101
the Code of Civil Procedure, 1908 as
amended.

09. Affidavit filed in support of first hearing

102 - 103
application.

10. I.A No. 2 / 2025 for Grant of Exparte

Temporary Injunction - Application filed
104 - 106
under Order XXXIX Rule 3 read with
Section 151 of the Code of Civil
Procedure, 1908 as amended.

11. Affidavit filed in support of grant of

107 - 109
exparte temporary injunction
application.

12. I.A No. 3 / 2025 for Dispensation of

Plaint Document Nos. 13(b), 13(c),
13(e), 14, 18(a), 18(b), 19, 20, 21, 22,
23, 27, 28, 29, 31, 32, 33, 35 and 36 - 110 - 112
Application filed under Order VII Rule
14 read with Section 151 of the Code of
Civil Procedure, 1908 as amended.

13. Affidavit filed in support of dispensation

113 - 114
application.
 14. I.A No. 4 / 2025 for Temporary
Injunction - Application filed under
115 - 119
Order XXXIX Rule 1 and 2 read with
Section 151 of the Code of Civil
Procedure, 1908 as amended.

15. Affidavit filed in support of temporary

120 - 123
injunction application.

09th September, 2025

Kadur Taluk Advocates for Plaintiffs
(T R Sunil Kumar & Ashok
Mesta)

IN THE COURT OF THE PRINCIPAL SENIOR CIVIL

JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

ORIGINAL SUIT No. ________ / 2025

BETWEEN:

1. Smt. K V Geetha
Aged about 61 years,
W/o Late S N Tukaram,
Residing at Near Old Bus Stand,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Plaintiff No. 1

2. Vikas Sakre S T
Aged about 35 years,
S/o Late S N Tukaram,
Residing at Near Old Bus Stand,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Plaintiff No. 2

AND

1. Smt. U K Asha
Aged about 56 years,
W/o Srinivasa Rao,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 1

2. H Marulasiddappa
Aged about 55 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 2

3. B H Shivamurthy
Aged about 61 years,
 S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 3

4. H Omkaramurthy
Aged about 53 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 4

5. H Basavaraju
Aged about 57 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 5

MEMORANDUM OF PLAINT FILED UNDER SECTION 26

READ WITH ORDER VII RULE I OF THE CODE OF CIVIL
PROCEDURE, 1908 AS AMENDED

THAT THE PLAINTIFFS ABOVE NAMED I.E., K V GEETHA

AND VIKAS SAKRE S T ABOVE-NAMED BEGS TO SUBMIT
AS FOLLOWS:
1. That, the address of the Plaintiffs is as shown in the
above cause title and also stated in the Application
filed under VI Rule 14-A of Code of Civil Procedure,
1908 as amended for the purpose of issue of summons
and notices. That further The Plaintiffs may also be
served through their counsels T R Sunil Kumar and
 Ashok Mesta - Advocates, having its Office at
Chamber No. 14, 1st Floor, Centenary Building, Behind
A.S.V.N.V Bhavan, Opposite State Bank of India (Mysore
Bank Circle), K G Road, Bangalore - 560 009,
Karnataka, Mobile Nos. +91-81508-43057 (Sunilkumar)
and +91-99166-82233 (Ashok Mesta), E-mail :
ashok.v.mesta@gmail.com.

2. That the address of Defendants for the said purpose is

as stated in the above cause title and also stated in the
Application filed under VI Rule 14-A of Code of Civil
Procedure, 1908 as amended for the purpose of issue
of summons and notices.

3. That the present suit is filed by the Plaintiffs seeking

Declaration that Plaintiffs are owners of the portion of
the encroached land by the Defendants on both side of
the ‘A’ Schedule Property, recovery of Possession of the
portion of the encroached land by the Defendants on
both side of the ‘A’ Schedule Property and further the
Plaintiffs have also sought for permanent injunction
restraining the Defendants from alienating their
respective properties i.e., Survey No. 554/*/* and
Survey No. 545/*/2 keeping into consideration of the
encroached portion of the Plaintiffs land bearing Survey
No. 545/*/1.

4. That now before going into the crux of the matter, it is

relevant to show the sketch prepared by the ADLR with
respect to encroachment on western and eastern side
of Survey No. 545/*/1 by owners of Survey No. 545/*/2
and Survey No. 554/*/*, which are admittedly are the
adjacent lands :

Hudbust Sketch - 2023

 Sy. No. 545/2

Sy. No. 545/1

Sy. No. 554

5. That the 1st Plaintiff is the Wife of Late S N Tukaram and

2nd Plaintiff is the Son of Late S N Tukaram and further
it is relevant to state here that, S N Tukaram purchased
the extent of Agriculture Land i.e., measuring 2 Acres
25 Guntas and 08 Anne (Out of 5 Acres 12 Guntas)
from Survey No. 545/*/* situated at Sakharayapattana
Village, Sakharayapattana Hobli, Kadur Taluk,
Chikkamagaluru District from Siddmallappa on
09.08.1984 vide Document No. 1319/1984-85, Book - 1,
Volume No. 1256, Page Nos. 159-160, and the said
deed stood registered in the office of Sub-Registrar,
Kadur Taluk and others and the said property
hereinafter called as “SUIT ‘A’ SCHEDULE
PROPERTY”. Certified Copy of the Registered Sale
Deed dated 09.08.1984 and RTC of the year 2015-2016
are produced herewith and the same are marked as
PLAINT DOCUMENT Nos. 1 and 2 and the contents
are self-explanatory.
6. That likewise, the 1st Defendant – U K Asha also
purchased remaining extent of Agriculture Land i.e.,
measuring 2 Acres 25 Guntas and 08 Anne (out of 5
Acres 12 Guntas) from Survey No. 545/*/* including 1
Gunta Phoot Kharb situated at Sakharayapattana
Village, Sakharayapattana Hobli, Kadur Taluk,
Chikkamagaluru District from Siddmallappa and the
said property hereinafter referred and called as
“SUIT ‘B’ SCHEDULE PROPERTY” which is adjacent
to Survey No. 545/*/1 and the same is reflected in RTC
of year 2015-2016 vide Plaint Document No. 2 and
after bifurcation new Survey Number was given i.e.,
Survey No. 545/*/2. Certified Copy of the RTC of the
year 2025-2026 is produced herewith and the same is
marked as PLAINT DOCUMENT No. 3.

7. That further it is relevant to mention here that, one

Sanna Eramma W/o Marulasiddappa was the owner
and thereafter Late Siddamma W/o Late B Halappa by
way of Pauthi became the owner of Agriculture Land
bearing Survey No. 554/*/* for the extant of 1 Acre 36
Guntas along with Veena W/o Mahendraraju for the
extent of 1 Acre 35 Guntas in Survey No. 554/*/*
situated at Sakharayapattana Village,
Sakharayapattana Hobli, Kadur Taluk, Chikkamagaluru
District and the said property hereinafter referred
and called as “SUIT ‘C’ SCHEDULE PROPERTY”
which is adjacent to Survey No. 545/*/1 and the same is
reflected in RTC of the year 2022-2023 and also the
said fact is reflected in Mutation Registrar Nos. H112
and T90. Certified Copies of the Mutation Registrar Nos.
H112 and T90 and RTC of the year 2022-2023 are
produced herewith and the same are marked as
PLAINT DOCUMENT Nos. 4, 5 and 6. That further the
 share fallen in the name of Siddamma was divided
amongst sons i.e., Defendants 2, 3, 4 and 5 in view of
the WILL, by way of Mutation Registrar Proceedings
Nos. H67, H68, H155 and H156 of the year 2024-2025
Defendants 2 to 5 name came to be entered in RTC.
Certified Copies of the Mutation Registrar Nos. H67,
H68, H155 and H156 and RTC of the year 2025-2026
are produced herewith and the same are marked as
PLAINT DOCUMENT Nos. 7, 8, 9, 10 and 11 and all
the contents are self-explanatory.

8. That it is a matter of record that, by way of Mutation

Registrar Proceedings No. T272, ‘A’ and ‘B’ schedule
property came to be clubbed and Old Survey No.
545/*/* came into existence and the RTC of the year
2015-2016 was jointly standing in the name of S N
Tukaram i.e., Husband of 1st Plaintiff herein and U K
Asha i.e., 1st Defendant herein and the said fact is
reflected in RTC of the 2015-2016 vide Plaint Document
No. 2. Certified Copy of the Mutation Registrar
Proceedings No. T272 is produced herewith and the
same is marked as PLAINT DOCUMENT No. 12.

9. That after the above transaction i.e., Mutation Registrar

Proceedings No. T272, the husband of the 1 st Plaintiff –
S N Tukaram made first application for Hudbust Nakshe
before the ADLR, Kadur on 06.10.2016 and the said
application stood registered as Application No.
17051016100416 and thereafter survey was conducted
and application came to be disposed of by issuing final
sketch with Mahazar. Certified Copy of the Hudbust
Application dated 06.10.2016, True Copy of Notice
dated 17.02.2017, Certified Copy of the Hudbust
Sketch dated 21.02.2017 along with detail color sketch
and True Copy of Mahazar dated 21.02.2017 are
 produced herewith and the same are marked as
PLAINT DOCUMENT No. 13(a), 13(b), 13(c), 13(d)
and 13(e) and it is relevant to state here that, the said
Hudbust Sketch conducted by the 1st Plaintiff husband –
S N Tukaram came to the knowledge of the Plaintiffs in
October, 2023 and said fact is evident on record. That
further it is relevant to mention here that, in the said
Hudbust sketch, it is shown that 1 st Defendant has
encroached 12 Guntas on eastern side of Survey No.
545/*/1 i.e., ‘A’ Schedule Property and the predecessors
of Defendants 2 to 5 have encroached 4 Guntas on
western side of Survey No. 545/1 i.e., ‘A’ Schedule
Property and the said fact is evident on record.

10. That it is relevant to state that, the above transactions

were taken place during life time of 1st Plaintiff’s
husband i.e., S N Tukaram who died on 22.10.2017,
apart from the sketch dated 16.10.2023 which is shown
above and the said fact is evident by the Death
Certificate bearing Registration No. 609625/V/D/2017/
000040 issued by the Village Accountant, Sakrepatna
Circle, Kadur Taluk, Chikkamagaluru District on
15.02.2018. True Copy of the Death Certificate of S N
Tukaram is produced herewith and the same is marked
as PLAINT DOCUMENT No. 14. That after the Death
of the S N Tukaram, the Plaintiffs made an application
for pauthi before the Tahsildar for entries of the legal
heirs of S N Tukaram likewise, Plaintiffs name came to
be entered by way of Mutation Registrar Proceedings
No. H80 and RTC was modified in the names of
Plaintiffs. Certified Copy of the MR No. H80 and RTC of
the year 2025-2026 are produced herewith and the
same are marked as PLAINT DOCUMENT Nos. 15
and 16 and the contents of the said documents are
self-explanatory.
11. That as stated above the Plaintiffs were not within the
knowledge of the transactions taken care by the Late S
N Tukaram till the year 2023, thereafter the 1 st Plaintiff
along with 2nd Plaintiff made fresh application for
Hudbust before the ADLR, Kadur on 11.07.2023 and the
said application stood registered as Application No.
17050723237088 and accordingly notice came to be
issued to respective parties including the son of 1 st
Defendant through registered post on 10.10.2023, and
Mahazar was prepared and Hudbust was conducted on
16.10.2023 and the same was disposed by issuing
fresh Hudbust Sketch. Certified Copy of the Application
dated 11.07.2023, True Copies of Notice dated
10.10.2023, Mahazar dated 16.10.2023 and Hudbust
Sketch dated 16.10.2023 are produced herewith and
the same are marked as PLAINT DOCUMENT Nos.
17, 18(a), 18(b) and 19. That, in the said Hudbust
Sketch, encroachment came to be modified, likewise,
1st Defendant has encroached 11 Guntas from Survey
No. 545/*/1 and the predecessors of Defendants 2 to 5
i.e., Late Siddamma have encroached 03 Guntas 08
Anne from Survey No. 545/*/1 i.e., ‘A’ Schedule
Property and the said fact is evident on record.

12. That the Plaintiffs immediately after taking knowledge

of the above encroachment made by the Defendants
from both the side, filed a suit seeking permanent
injunction before the III Additional Civil Judge and JMFC,
Kadur and the said suit stood registered as O.S No.
709/2023, the Hon’ble Court after hearing the Plaintiffs
on exparte side was pleased to refuse to grant exparte
of temporary injunction. That further it is relevant to
mention here that after Defendants appeared in the
above suit, on the instructions of the present advocate,
 the above suit i.e., O.S No. 709/2023 came to be
withdrawn by following proper procedure and the
Hon’ble Civil Judge was pleased to permit the Plaintiffs
therein to withdraw the suit with liberty to file fresh suit
subject to law of limitation. True Copies of the Entire
Order Sheet, Plaint Memorandum and the Application
filed under Order XXIII Rule 1 read with Section 151 of
the Code of Civil Procedure, 1908 i.e., I.A No. 2 are
produced herewith and the same are marked as
PLAINT DOCUMENT Nos. 20, 21 and 22. That further
it is very hard to state here that, the above suit was
filed without having complete information and the
contents are not part of the present suit, since the facts
are contrary to own documents gathered by the
Plaintiffs.

13. That after withdrawing the above suit i.e., O.S No.
709/2023, the Plaintiffs on the instructions of another
advocate at Chikkamagaluru, filed an appeal under
Section 49(a) of Karnataka Land Revenue Act, 1961
before the Deputy Director of Land Records,
Chikkamagaluru against the Tahsildar and 1 st
Defendant herein and the said appeal stood registered
as Proceedings No. ಭೂ.ಉ.ನಿ.ಆರ್.ಎ. 145/2024-25 by
taking note of the Phodi conducted on 15.04.1999 the
said Appeal came to be dismissed on 21.02.2025. True
Copy of the order dated 21.02.2025 passed by the
DDLR, Chikkamagaluru is produced herewith and the
same is marked as PLAINT DOCUMENT No. 23. That
further it is relevant to mention here that, the Finding
Nos. 3 and 4 of the DDLR order dated 21.02.2025 is
very clear that no application is submitted for Hudbust
i.e., for fixation of boundaries and only Phodi was
conducted and the said relevant findings are drawn
below for quick reference of this Hon’ble Court:
 “3. ಕಡೂರು ತಾಲ್ಲೂಕು, ಸಖರಾಯಪಟ್ಟಣ ಹೋಬಳಿ, ಸಖರಾಯಪಟ್ಟಣ
ಗ್ರಾಮದ ಸ.ನಂ 545 ರಲ್ಲಿ ದಿನಾಂಕ:-15-04-99 ರಂದು
ಪೋಡಿ ಮಾಡಿ ರಿ.ಸ.ನಂ 545/1, 2 ಎಂದು ಹಿಸ್ಸಾ ಸೇಜು
ನೀಡಿ ಆಕಾರಬಂದ್ ದುರಸ್ತಿಪಡಿಸಿದ್ದು,
ಮೇಲ್ಮನವಿದಾರರಿಗೆ ರೀ.ಸ.ನಂ 545/1 ರಲ್ಲಿ 2-25-08
ಎಕರೆ ವಿಸ್ತೀರ್ಣ ದಾಖಲಾಗಿರುತ್ತದೆ. 2 ನೇ
ಎದುರುದಾರರಿಗೆ ರೀ.ಸ.ನಂ 545/2 ರಲ್ಲಿ 2-26-08
ಎಕರೆ, ಖರಾಬು 0-01 ಗುಂಟೆ, ಬಾಕಿ 2-25-08 ಎಕರೆ
ವಿಸ್ತೀರ್ಣ ದಾಖಲಿರುತ್ತದೆ.

4. ಮೇಲ್ಮನವಿದಾರರು ಅಥವಾ 2 ನೇ ಎದುರುದಾರರು

ಸಖರಾಯಪಟ್ಟಣ ಗ್ರಾಮದ ಸ.ನಂ 545/1 ಮತ್ತು 545/2
ರಲ್ಲಿ ಅಳತೆ ಕೋರಿ ಯಾವುದೇ ಅರ್ಜಿಗಳು
ಸಲ್ಲಿಸಿರುವುದು ಕಂಡುಬರುವುದಿಲ್ಲ.
ಮೇಲ್ಮನವಿದಾರರಿಗೆ ದಾಖಲಿರುವ ರೀ.ಸ.ನಂ 545/1 ರ
ಹಿಸ್ಸಾ ನಕ್ಷೆಯು ಸ.ನಂ 545 ರಲ್ಲಿನ ಕ್ರಯಪತ್ರದ
ಚೆಕ್ಕು ಬಂದಿಗೆ ಬಹುತೇಕ ತಾಳೆ ಇರುತ್ತದೆ.”.

14. That from the above findings, it is clear that, the appeal
was decided by the DDLR, Chikkamagaluru keeping and
take note of the boundaries mentioned in the
registered sale deed dated 09.08.1984 and not by
measuring nor by appointing revenue officer to fix the
boundaries through Hudbust, in that view of the matter,
it is clear that as per the Hudbust Sketch dated
16.10.2023 vide Plaint Document No. 19 the
Defendants have encroached the portion of ‘A’
schedule property, therefore the present suit is filed by
the Plaintiffs seeking declaration of title of the
encroached portion and recovery of possession from
the Defendants.

15. That it is highly relevant to state here that, the

difference between Durasti, Phodi and Hudbust which is
as follows :
 A. Chapter 2.37 of the Karnataka Revenue Survey
Manual defines Durasti, which reads as under:

2.37. Durasti - Restoration or

incorporation in or correction of or
insertion in survey records.

B. Chapter 2.52 of the Karnataka Revenue Survey

Manual defines Hudbast, which reads as
under:

2.52. Hudbust - Fixation of boundary.

C. Chapter 2.102 of the Karnataka Revenue

Survey Manual defines Phodi, which reads as
under:

2.102. Phodi - Sub-divided fields.

16. That as per the order of the DDLR, Chikkmagaluru, on

15.04.1999 Phodi was conducted and not the Hudbust
in respect of any of the schedule properties and the
said fact is clear from the above definitions mentioned
above and also it is relevant to state that, the first
Hudbust was taken place in the year 2017 on the
application made by the 1 st Plaintiff’s husband – S N
Tukaram on 06.10.2016, on this count the present suit
is within time prescribed under Limitation Act for
seeking recovery of possession of the encroached land
of ‘A’ Schedule Property.

17. That all the parties in the present suit i.e., Plaintiffs and
Defendants herein are in possession and enjoyment of
the respective suit Schedule Properties and in
particular the Defendants are also in possession of the
portion of the encroached land of Survey No. 545/*/1
illegally and without any basis but did not voluntarily
 come forward to deliver the encroached portion to the
Plaintiffs even when the Defendants have clear
knowledge of the said encroachment on western and
eastern side made by the said Defendants from Survey
No. 545/*/1 vide ‘A’ Schedule Property.

18. That the Plaintiffs to prove their right, title and

ownership over the suit ‘A’ Schedule Property has
produced the Patta Receipt (Katha No. 240/2023)
issued by the Village Accountant of Sakharayapattana
Village and the Plaintiffs are paying regular Revenue
Tax (No. 304129) to the Revenue Department in
respect of Survey No. 545/1 i.e., ‘A’ Schedule Property
and one paid tax of the year 2023-2024 dated
09.10.2023 is obtained. Original Patta Receipt (Katha
No. 240/2023) and Original Tax Paid dated 09.10.2023
are produced herewith and the same are marked as
PLAINT DOCUMENT Nos. 24 and 25 and the
contents of the said documents are self-explanatory.

19. It is further
submitted that,
the Plaintiff is true
lawful owner of
suit
20. schedule property
and the
 Defendants does
not have any sort
of right or
21. title over the suit
schedule property
but illegally
grabbed and
disposes the
22. Plaintiff from suit
schedule property.
Having no other
option the Plaintiff
23. constrained to
approach this
Hon’ble Court
for declaration
of Title and
24. Recovery of
Possession
25. It is further
submitted that,
the Plaintiff is true
lawful owner of
suit
26. schedule property
and the
Defendants does
not have any sort
of right or
27. title over the suit
schedule property
but illegally
grabbed and
disposes the
28. Plaintiff from suit
schedule property.
Having no other
option the Plaintiff
29. constrained to
approach this
Hon’ble Court
for declaration
of Title and
30. Recovery of
Possession
31. It is further
submitted that,
the Plaintiff is true
lawful owner of
suit
32. schedule property
and the
Defendants does
not have any sort
of right or
33. title over the suit
schedule property
but illegally
grabbed and
disposes the
34. Plaintiff from suit
schedule property.
Having no other
option the Plaintiff
35. constrained to
approach this
Hon’ble Court
 for declaration
of Title and
36. Recovery of
Possession
17. That after enquiry, some Hudbust applications came to
the knowledge of the Plaintiffs, that 1st Defendant has
made an application for Hudbust on 13.06.2017 before
the ADLR, Kadur, notices came to be issued to the
respective parties as per the Hudbust application and
Mahazar was drawn on 18.07.2017 and application
came to be disposed of with final Hudbust sketch on
18.07.2017. Certified Copy of the Application dated
13.06.2017, True Copies of Notice dated 10.07.2017,
Mahazar dated 18.07.2017 and Hudbust sketch dated
18.07.2017 are produced herewith and the same are
marked as PLAINT DOCUMENT Nos. 26, 27, 28 and
29 and the contents of the Documents are self-
explanatory. That further it is relevant to state that, in
the place of S N Tukaram i.e., husband of 1 st Plaintiff, S
N Tukuram’s brother has signed the notice dated
10.07.2017, therefore the Plaintiffs were not aware of
the Hudbust sketch nor about the conducting fixation of
boundaries of Survey No. 545/*/2 and Survey No. 538.
That further it is also relevant to state that, the 1 st
Defendant did not raise any issue in respect of
encroachment made in ‘A’ schedule property, but the
1st Defendant raised objection before the surveyor only
in respect of encroachment made by the owner of
Survey No. 538 situated at Sakharayapattana Village,
Sakharayapattana Hobli, Kadur Taluk, Chikkamagaluru
 District and the said fact is evident on record vide
Plaint Document No. 29.

18. That the 1st Defendant made second application for

Hudbsut before the ADLR, Kadur on 04.10.2021, notice
came to be issued to the respective parties on
09.03.2022, Mahazar was drawn on 15.03.2022 and the
said Mahazar was reflected in Hudbust sketch coloum,
where the said Hudbust was cancelled due to death of
S N Tukaram and the said application came to be
disposed of on 15.03.2022. Certified Copy of the
Application dated 04.10.2021, True Copies of Notice
dated 09.03.2022, Mahazar dated 15.03.2022 and
Hudbust sketch as per Mahazar dated 15.03.2022 are
produced herewith and the same are marked as
PLAINT DOCUMENT Nos. 30, 31, 32 and 33 and the
contents are self-explanatory.

19. That likewise, the predecessors of Defendants 2 to 5

i.e., Siddamma also made an application before the
ADLR, Kadur for Hudbust on 19.10.2023 without
making the Plaintiffs as parties, Notice came to be
issued on 08.12.2023 to Siddamma and Veena and the
said application came to be disposed as per Mahazar
dated 11.12.2023 without conducting any survey nor
preparing the Hudbust sketch and the said fact is
matter of record. Certified Copy of the Application
dated 19.10.2023, True Copies of Notice dated
08.12.2023 and Mahazar dated 11.12.2023 are
produced herewith and the same are marked as
PLAINT DOCUMENT Nos. 34, 35 and 36 and the
contents are self-explanatory.

20. That it is very strange in respect of the alleged act of

the Defendants is that, till today none of the
Defendants have made an application for Hudbust to
 fix the boundaries with respect to ‘A’ schedule property
and the said fact is evident on record. That further it is
relevant to state here that, the Defendants 2 to 4 even
after conducting division of the ‘C’ schedule property
between the brothers through WILL vide Plaint
Document Nos. 7, 8, 9, 10 and 11, did not make any
application for Hudbust for fixation of their respective
boundaries. That it is also relevant to state here that,
intention behind the Defendants is that, if any
application is made for Hudbust before the ADLR, the
entire act of the Defendants in respect of
encroachment will come to an end. Therefore, the said
encroachment from ‘A’ schedule property is within the
knowledge of the Defendants herein, hence the
Plaintiffs have also sought for mesne profits from the
Defendants with respect to encroached portion of ‘A’
schedule property.

21. That, the Defendants without there being any sort of

right, title or interest over the encroached portion ‘A’
suit schedule property are in illegal possession and the
said act of the Defendants came to the knowledge of
the Plaintiffs in the year 2023. That further the Plaintiffs
repeatedly approached the Defendants and questioned
about their illegal encroachment over the suit ‘A’
schedule property, upon which the Defendants bluntly
refused to show any piece of evidence in that regard to
the title or claim over the encroached portion of the
suit ‘A’ schedule property.

22. That the Plaintiffs have also sought for temporary and
permanent injunction against the Defendants, since the
Defendants are trying to alienate the ‘B’ and ‘C’
Schedule properties keeping the encroached portion of
the ‘A’ schedule property, which will lead to multiplicity
 of proceedings and the Plaintiffs be put to great
hardship.

23. That it is a matter of record that, from the above

Hudbust Sketch dated 16.10.2023 vide Plaint
Document No. 19 and other documents produced by
the Plaintiffs, it is evident that the Defendants have
encroached the portion of the Land bearing Survey No.
545/*/1 i.e., from ‘A’ Schedule Property.

24. That, the Plaintiffs are true lawful owner of suit ‘A’
schedule property and the Plaintiffs have even right,
title and interest over the encroached portion of the
Land bearing Survey No. 545/*/1 by the Defendants
and it is clear and admitted fact that, the Defendants
do not have any sort of right, title or interest over the
encroached portion of the suit ‘A’ schedule property.
Having no other option, the Plaintiffs constrained to
approach this Hon’ble Court for Declaration, Recovery
of Possession and Permanent Injunction and mesne
profits.

25. CAUSE OF ACTION: That the cause of action for

this suit firstly arose on 21.02.2017 during the life time
of 1st Plaintiff’s husband – S N Tukaram which was not
within knowledge of the plaintiffs and secondly
thereafter 16.10.2023 when the Plaintiffs themselves
approached the ADLR, Kadur for Hudbust Sketch on this
count the encroachment made by the Defendants came
to the knowledge of the Plaintiffs, therefore the
Plaintiffs are entitled for the reliefs of Declaration,
Recovery of Possession and Permanent Injunction and
mesne profits in respect of the Suit ‘A’ Schedule
Property i.e., Survey No. 545/*/1. That even the
Hudbust application dated 13.06.2017 made by the 1 st
 Defendant taken into consideration, the present suit is
well within the period of limitation.

26. LIMITATION: That, the above suit filed today is

within the time limit prescribed under Law of Limitation
Act, 1963 as amended.

27. JURISDICTION: That the jurisdiction is concerned,

this Hon'ble Court is having the complete jurisdiction to
try the above suit as the plaint schedule properties are
within the jurisdiction of this Hon’ble Court to take trial
of the present suit.

28. VALUATION: That, the suit is valued to the tune of

Rs. 16,00,000/- (Rupees Sixteen Lakhs Only) for the
purpose of Jurisdiction to try the present suit;
A. For RELIEF OF DECLARATION is valued
under Section 24(a) of the Karnataka Court
Fees and Suits Valuation Act, XVI of 1958 and
calculated on the Revenue of Rs. 6.33 into 25
times in total Rs. 159/- is paid on Plaint ;

B. For RELIEF OF RECOVERY OF POSSESSION

is valued under Section 24(a) of the Karnataka
Court Fees and Suits Valuation Act, XVI of 1958
and calculated on the Revenue of Rs. 6.33 into
25 times in total Rs. 159/- is paid on Plaint ;

C. For RELIEF OF PERMANENT INJUNCTION is

estimated to the tune of Rs. 1,000/- and a
Court Fee of Rs. 25/- is paid under Section
26(c) of the Karnataka Court Fees and Suits
Valuation Act, XVI of 1958 ; and

In total a COURT FEES of Rs. 343/- (Rupees Three

Hundred and Forty-Three Only) is paid on the Plaint
Memorandum in entirety.
29. DECLARATION: That, the Plaintiffs hereby declares
that, they not filed any other suit or petition either
before this Hon’ble Court or any other court or
authority on the same cause of action arose in this suit
apart from the suit O.S No. 709/2023 which was
withdrawn with liberty. That the Plaintiffs state that, no
other alternative effective or adequate remedy other
than by means of filing this present suit by approaching
this Hon’ble court for seeking Relief of Declaration,
recovery of Possession and permanent Injunction
against the Defendants.

30. That the Plaintiffs hereby reserves right to amend the

plaint or any other statement or to produce any
documents in support of the claim before this Hon’ble
Court after the Defendants file their respective written
statements or during the course of trial or whenever
the relevance is made or available.

PRAYER IN THE PRESENT 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. GRANT A DECLARATORY DECREE that the Plaintiffs

are lawful owners including the encroached portion on
eastern and western side by the Defendants of the ‘A’
Schedule Property i.e., Agriculture Land bearing Survey
No. 545/*/1 measuring 2 Acre 25 Guntas 08 Anne,
Katha No. 240, situated at Sakharayapattana Village,
Sakharayapattana Hobli, Kadur Taluk, Chikkamagaluru
District by virtue of registered Sale Deed dated
09.08.1984 vide Plaint Document No. 1 ;
B. GRANT A DECREE BY DIRECTING THE DEFENDANT
No. 1 to deliver the eastern side encroached portion of
the land of ‘A’ Schedule Property i.e., Agriculture Land
bearing Survey No. 545/*/1 measuring 2 Acre 25
Guntas 08 Anne, Katha No. 240, situated at
Sakharayapattana Village, Sakharayapattana Hobli,
Kadur Taluk, Chikkamagaluru District vide Plaint
Document No. 19 and thereby put the Plaintiffs into
possession, if the Defendant No. 1 failed to deliver the
eastern side of the encroached portion, directing the
said act to be done through the process of this Hon’ble
Court under Order XXI Rule 35 of the Code of Civil
Procedure, 1908 as amended ;
C. GRANT A DECREE BY DIRECTING THE DEFENDANT
Nos. 2 to 5 to deliver the western side encroached
portion of the land of ‘A’ Schedule Property i.e.,
Agriculture Land bearing Survey No. 545/*/1 measuring
2 Acre 25 Guntas 08 Anne, Katha No. 240, situated at
Sakharayapattana Village, Sakharayapattana Hobli,
Kadur Taluk, Chikkamagaluru District vide Plaint
Document No. 19 and thereby put the Plaintiffs into
possession, if the Defendant No. 2 to 5 failed to deliver
the western side of the encroached portion, directing
the said act to be done through the process of this
Hon’ble Court under Order XXI Rule 35 of the Code of
Civil Procedure, 1908 as amended ;

D. grant a RELIEF OF PERPETUAL INJUNCTION against

the Defendants and all persons claiming through or
under them from in any way from alienating, selling,
mortgaging, leasing, encumbering or creating any
third-party right of interest in respect of the ‘B’
Schedule Property i.e., Survey No. 545/*/2 and ‘C’
Schedule Property i.e., Survey No. 554/*/* by taking the
 eastern and western side encroached portion of the
Agriculture Land bearing Survey No. 545/*/1 measuring
2 Acre 25 Guntas 08 Anne, Katha No. 240, situated at
Sakharayapattana Village, Sakharayapattana Hobli,
Kadur Taluk, Chikkamagaluru District vide suit ‘A’
Schedule Property ;

E. grant a DECREE FOR MESNE PROFITS from the year

2016 till the Defendants deliver the encroached portion
of Survey No. 545/*/1 vide suit ‘A’ Schedule Property ;

F. DIRECT the Defendants to pay the cost of the litigation

to the Plaintiffs,;
G. and grant the Plaintiffs such other and further reliefs as
this Hon’ble Court deems fit under the circumstances of
the case.

09th September, 2025

Kadur Taluk Plaintiff No.
1

Plaintiff No.
2

Advocates for Plaintiffs

(T R Sunil Kumar & Ashok
Mesta)

VERIFICATION

We, K V Geetha and Vikas Sakre S T, the Plaintiffs, do hereby

declare that the facts stated above are all true and correct to
the best of my knowledge, information and belief and nothing
has been concealed thereon.
09th September, 2025
Kadur Taluk Plaintiff No.
1

Plaintiff No.
2

PLAINT SCHEDULE PROPERTIES

‘A’ SCHEDULE PROPERTY

All that piece and parcel of the Agriculture Land bearing

Survey No. 545/*/1 measuring 2 Acre 25 Guntas 08 Anne,
Katha No. 240, situated at Sakharayapattana Village,
Sakharayapattana Hobli, Kadur Taluk, Chikkamagaluru
District and small house standing thereon and the same is
bounded by :
East by : Shekaraiah Property (Now U K Asha Property);
West by : B Hallappa and Marulusiddamma’s Property;
North by : Kaluve Yeri ;
South by : Pillenahalli Road

‘B’ SCHEDULE PROPERTY

All that piece and parcel of the Agriculture Land bearing

Survey No. 545/*/2 measuring 2 Acre 25 Guntas 08 Anne
(1 Guntas of Kharab Land), Katha No. 758, situated at
Sakharayapattana Village, Sakharayapattana Hobli,
Kadur Taluk, Chikkamagaluru District.

‘C’ SCHEDULE PROPERTY

That at the time of encroachment of portion ‘A’ schedule

property, the entire ‘C’ schedule property stood in the name of
Siddamma W/o B Halappa vide Plaint Document No. 6 after her
death, through the WILL division of the property is made (till
today no Hudbust application is made by the Defendants 2 to
5), therefore all the properties divided from extent of 1 Acre 36
Guntas is brought in the present suit and stated as under :

Item No. No. 1: All that piece and parcel of the

Agriculture Land bearing Survey No.
554/*/* measuring 08 Guntas situated
at Sakharayapattana Village,
Sakharayapattana Hobli, Kadur
Taluk, Chikkamagaluru District.

Item No. No. 2: All that piece and parcel of the

Agriculture Land bearing Survey No.
554/*/* measuring 06 Guntas, Katha
No. 57, situated at Sakharayapattana
Village, Sakharayapattana Hobli,
Kadur Taluk, Chikkamagaluru
District.
Item No. No. 3: All that piece and parcel of the
Agriculture Land bearing Survey No.
554/*/* measuring 34 Guntas, Katha
No. 57, situated at Sakharayapattana
Village, Sakharayapattana Hobli,
Kadur Taluk, Chikkamagaluru
District.

Item No. No. 4: All that piece and parcel of the

Agriculture Land bearing Survey No.
554/*/* measuring 28 Guntas, Katha
No. 57, situated at Sakharayapattana
Village, Sakharayapattana Hobli,
Kadur Taluk, Chikkamagaluru
District.

09th September, 2025

Kadur Taluk Plaintiff No.
1
 Plaintiff No.
2

Advocates for Plaintiffs

(T R Sunil Kumar & Ashok
Mesta)

VERIFICATION

We, K V Geetha and Vikas Sakre S T, the Plaintiffs, do hereby

declare that the facts stated above are all true and correct to
the best of my knowledge, information and belief and nothing
has been concealed thereon.

09th September, 2025

Kadur Taluk Plaintiff No.
1

Plaintiff No.
2
IN THE COURT OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

ORIGINAL SUIT No. ________ / 2025

BETWEEN:

Smt. K V Geetha and another Plaintiffs

AND

Smt. Asha U K and others Defendants

VERIFYING AFFIDAVIT

I, Vikas Sakre S T, aged about 35 years, S/o Late S N Tukaram,

residing at Near Old Bus Stand, Sakharayapattana Village,
Sakharayapattana Post and Hobli, Kadur Taluk - 577 135,
Chikkamagaluru District, do hereby solemnly affirm and state on
oath as follows:

1. I submit that, I am the 2 nd Plaintiff in the above suit and

I am well acquainted with the facts of the case and on
my advice and I am orally authorized by the 1 st Plaintiff
to sign the present affidavit.

2. I submit that, averments made in the accompanying

Plaint Memorandum at paragraphs 1 to 30 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 original, certified and true Copies.

09th September, 2025

Kadur Taluk
Identified by me : Deponent

Advocate
No. of Corrections :
IN THE COURT OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

ORIGINAL SUIT No. ________ / 2025

BETWEEN:

1. Smt. K V Geetha
Aged about 61 years,
W/o Late S N Tukaram,
Residing at Near Old Bus Stand,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Plaintiff No. 1

2. Vikas Sakre S T
Aged about 35 years,
S/o Late S N Tukaram,
 Residing at Near Old Bus Stand,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Plaintiff No. 2

AND

1. Smt. U K Asha
Aged about 56 years,
W/o Srinivasa Rao,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 1

2. H Marulasiddappa
Aged about 55 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 2

3. B H Shivamurthy
Aged about 61 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 3

4. H Omkaramurthy
Aged about 53 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
 Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 4

5. H Basavaraju
Aged about 57 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 5

APPLICATION FILED UNDER ORDER VI RULE 14-A READ

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

THAT THE PLAINTIFFS ABOVE NAMED I.E., K V GEETHA

AND VIKAS SAKRE S T ABOVE-NAMED BEGS TO SUBMIT
AS FOLLOWS:
1. That the address of the parties (Plaintiffs and
Defendants) 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. Smt. K V Geetha
Aged about 61 years,
W/o Late S N Tukaram,
Residing at Near Old Bus Stand,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District

2. Vikas Sakre S T
Aged about 35 years,
S/o Late S N Tukaram,
Residing at Near Old Bus Stand,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
 Chikkamagaluru District

3. That the registered address of the Defendants are as

follows:-

1. Smt. U K Asha
Aged about 56 years,
W/o Srinivasa Rao,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District

2. H Marulasiddappa
Aged about 55 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District

3. B H Shivamurthy
Aged about 61 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District

4. H Omkaramurthy
Aged about 53 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District
 5. H Basavaraju
Aged about 57 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District

4. That it is submitted that the Plaintiffs and Defendants

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

09th September, 2025

Kadur Taluk Advocates for Plaintiffs
(T R Sunil Kumar & Ashok
Mesta)
Form No. 1 (Civil)
Valuation Slip
(R. P. 11. 103)
Karnataka Civil Rules of Practice

IN THE COURT OF THE PRINCIPAL SENIOR CIVIL

JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

ORIGINAL SUIT No. ________ / 2025

BETWEEN:

Smt. K V Geetha and another Plaintiffs

AND

Smt. Asha U K and others Defendants

VALUATION SLIP

That, the value of the subject matter of the suit is estimated at

Rs. 16,00,000/- (Rupees Sixteen Lakhs Only) for the purpose
of Jurisdiction ;
A. For RELIEF OF DECLARATION is valued under Section
24(a) of the Karnataka Court Fees and Suits Valuation
Act, XVI of 1958 and calculated on the Revenue of Rs.
6.33 into 25 times in total Rs. 159/- (Rupees One
Hundred Fifty-Nine Only) is paid on Plaint Memorandum ;

B. For RELIEF OF RECOVERY OF POSSESSION is

valued under Section 24(a) of the Karnataka Court Fees
and Suits Valuation Act, XVI of 1958 and calculated on
the Revenue of Rs. 6.33 into 25 times in total Rs. 159/-
(Rupees One Hundred Fifty-Nine Only) is paid on Plaint
Memorandum ;

C. For RELIEF OF PERMANENT INJUNCTION is

estimated to the tune of Rs. 1,000/- and a Court Fee of
Rs. 25/- (Rupees Twenty-Five Only) is paid under
Section 26(c) of the Karnataka Court Fees and Suits
Valuation Act, XVI of 1958 ; and

In total a COURT FEES of Rs. 343/- (Rupees Three Hundred

and Forty-Three Only) is paid on the Plaint Memorandum in
entirety.

09th September, 2025

Kadur Taluk Advocates for Plaintiffs
(T R Sunil Kumar & Ashok
Mesta)
 IN THE COURT OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

ORIGINAL SUIT No. ________ / 2025

BETWEEN:

Smt. K V Geetha and another Plaintiffs

AND

Smt. Asha U K and others Defendants

LIST OF DOCUMENTS

Sl. Plaint List of Documents Page No.

No. Documents

1. Document Certified Copy of the Sale

No. 1 Deed dated 09.08.1984 and 33 - 38
Legible Copy.

2. Document Certified Copy of the RTC of

No. 2 the year 2015-2016 in 39
respect of Survey No.
545/*/*.
3. Document Certified Copy of the RTC of
No. 3 the year 2025-2026 in 40 - 41
respect of Survey No.
545/*/2.

4. Document Certified Copy of the MR No. 42

No. 4 H112/2011-2012.

5. Document Certified Copy of the MR No. 43

No. 5 T90/2017-2018.

6. Document Certified Copy of the RTC of

No. 6 the year 2022-2023 in 44 - 45
respect of Survey No.
554/*/*.

7. Document Certified Copy of the MR No. 46

No. 7 H67/2024-2025.

8. Document Certified Copy of the MR No. 47

No. 8 H68/2024-2025.

9. Document Certified Copy of the MR No. 48

No. 9 H155/2024-2025.

10. Document Certified Copy of the MR No. 49

No. 10 H156/2024-2025.

11. Document Certified Copy of the RTC of

No. 11 the year 2025-2026 in 50 - 51
respect of Sy. No. 554/*/*.

12. Document Certified Copy of the MR No. 52

No. 12 T272/2015-2016.

13. Document Certified Copy of Application

No. 13(a) submitted for Hudbust 53
Sketch on 06.10.2016 by S
N Tukaram.

14. Document True Copy of the Notice 54 - 55

No. 13(b) dated 17.02.2017.

15. Document True copy of the Mahazar 56

No. 13(c) dated 21.02.2017.
16. Document Certified Copy of the
No. 13(d) Hudbust Sketch dated 57
21.02.2017.

17. Document True Copy of the colour

No. 13(e) Hudbust Sketch dated 58
21.02.2017.

18. Document True Copy of the Death

No. 14 Certificate of S N Tukaram 59
dated 03.02.2024.

19. Document Certified Copy of the MR No.

No. 15 H80/2017-2018 in respect of 60
Survey No. 545/*/1.

20. Document Certified Copy of the RTC of

No. 16 the year 2025-2026 in 61
respect of Survey. No.
545/*/1.

21. Document Certified Copy of Application

No. 17 submitted for Hudbust 62
Sketch on 11.07.2023 by
the Plaintiffs.

22. Document True copy of the Notice 63

No. 18(a) dated 10.10.2023.

23. Document True Copy of the spot 64

No. 18(b) Mahazar dated 16.10.2023.

24. Document True Copy of the Hudbust 65

No. 19 Sketch dated 16.10.2023.

25. Document True copy of the Entire 66 - 71

No. 20 Order Sheet maintained in
O.S No. 709/2023.

26. Document True Copy of the Plaint

No. 21 memorandum in O.S No. 72 - 74
709/2023.

27. Document True Copy of the Application

No. 22 filed under Order XXIII Rule 75 - 76
1 of the Code of Civil
Procedure, 1908.
28. Document True Copy of the Order
No. 23 dated 21.02.2025 passed by 77 - 79
the DDLR in Proceedings No.
ಭೂ.ಉ.ನಿ.ಆರ್.ಎ.145/2024-25.

29. Document Original Patta Receipt in

No. 24 respect of Survey. No. 80 - 81
545/*/1.

30. Document Original Tax Paid bearing

No. 25 No. 304129 in respect of 82
Survey No. 545/*/1.

31. Document Certified Copy of Application

No. 26 submitted for Hudbust 83
Sketch on 13.06.2017 by
the 1st Defendant.

32. Document True Copy of the Notice 84 - 85

No. 27 dated 10.07.2017.

33. Document True copy of the Mahazar 86

No. 28 dated 18.07.2017.

34. Document True copy of the Hudbust 87

No. 29 Sketch dated 18.07.2017.

35. Document Certified Copy of Application

No. 30 submitted for Hudbust 88
Sketch on 04.10.2021 by
the 1st Defendant.

36. Document True Copy of the Notice 89 - 90

No. 31 dated 09.03.2022.

37. Document True copy of the Mahazar 91

No. 32 dated 15.03.2022.

38. Document True copy of the Mahazar in

No. 33 the place of Hudbust Sketch 92
dated 15.03.2022.

39. Document Certified Copy of Application

No. 34 submitted for Hudbust 93
Sketch on 19.10.2023 by
the predecessors of
Defendants 2 to 5.

40. Document True Copy of the Notice 94 - 95

 No. 35 dated 08.12.2023.

41. Document True copy of the Mahazar 96

No. 36 dated 11.12.2023.

09th September, 2025

Kadur Taluk Advocates for Plaintiffs
(T R Sunil Kumar & Ashok
Mesta)

IN THE COURT OF THE PRINCIPAL SENIOR CIVIL

JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

I.A No. 1 / 2025

IN
ORIGINAL SUIT No. ________ / 2025

BETWEEN:

Smt. K V Geetha and another Plaintiffs

AND

Smt. Asha U K and others Defendants

INDEX

Sl. Particulars Page No.

No.

1. I.A No. 1 / 2025 for First Hearing -

Application filed under Section 151 of
99 - 101
the Code of Civil Procedure, 1908 as
amended.

2. Affidavit filed in support of first hearing

102 - 103
application.

09th September, 2025

Kadur Taluk Advocates for Applicants/Plaintiffs
(T R Sunil Kumar & Ashok Mesta)

IN THE COURT OF THE PRINCIPAL SENIOR CIVIL

JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

I.A No. 1 / 2025

IN
ORIGINAL SUIT No. ________ / 2025

BETWEEN:

1. Smt. K V Geetha
Aged about 61 years,
W/o Late S N Tukaram,
Residing at Near Old Bus Stand,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Plaintiff No. 1

2. Vikas Sakre S T
Aged about 35 years,
S/o Late S N Tukaram,
Residing at Near Old Bus Stand,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Plaintiff No. 2

AND

1. Smt. U K Asha
Aged about 56 years,
W/o Srinivasa Rao,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
 Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 1

2. H Marulasiddappa
Aged about 55 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 2

3. B H Shivamurthy
Aged about 61 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 3

4. H Omkaramurthy
Aged about 53 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 4

5. H Basavaraju
Aged about 57 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 5

I.A No. 1 / 2025

BETWEEN

Smt. K V Geetha
Vikas Sakre S T Applicants / Plaintiffs
AND

Smt. U K Asha
H Marulasiddappa
B H Shivamurthy
H Omkaramurthy
H Basavaraju Opponents / Defendants

APPLICATION FILED UNDER SECTION 151 OF THE CODE

OF CIVIL PROCEDURE, 1908 AS AMENDED.

THE PLAINTIFFS/APPLICANTS ABOVE-NAMED BEGS TO

SUBMIT AS FOLLOWS:

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

is prayed that this Hon’ble Court may kindly be pleased to
take the present for first hearing today since the present
suit is filed along with temporary injunction application
i.e., I.A No. 4 for seeking grant of exparte temporary
injunction and grant the Applicants/Plaintiffs such other and
further reliefs as this Hon’ble Court deems fit under the facts
and circumstances of the case.

09th September, 2025

Kadur Taluk Advocates for Applicants/Plaintiffs
(T R Sunil Kumar & Ashok Mesta)
 IN THE COURT OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

ORIGINAL SUIT No. ________ / 2025

BETWEEN:

Smt. K V Geetha and another Plaintiffs

AND

Smt. Asha U K and others Defendants

AFFIDAVIT

I, Vikas Sakre S T, aged about 35 years, S/o Late S N Tukaram,

residing at Near Old Bus Stand, Sakharayapattana Village,
Sakharayapattana Post and Hobli, Kadur Taluk - 577 135,
Chikkamagaluru District, do hereby solemnly affirm and state on
oath as follows:

1. I submit that, I am the Applicant in the above

accompanying application and 2nd Plaintiff in the above
suit and I am well acquainted with the facts of the case
and on my advice and I am orally authorized by the 1 st
Plaintiff to sign the present affidavit.

2. I submit that, we have filed the above suit seeking the

reliefs of Declaration, recovery of possession and
permanent injunction against the Defendants and for
better appreciation of the case and to avoid repetition
of facts the averments contained in the memorandum
of plaint may be kindly considered as part and parcel of
the affidavit.

3. I submit that, the Defendants have encroached the

portion of the ‘A’ schedule property without any basis
or right, title and interest and the said Defendants are
 in possession even having clear knowledge of the
encroachment made by them and the said fact is clear
from the Plaint Document No. 19 vide Hudbust Sketch.

4. I submit that, along with the said suit we have also filed
an application for grant of exparte temporary injunction
against the Defendants and the said application may be
read as part and parcel of this application. I further
submit that, the Defendants are now trying to alienate
the ‘B’ and ‘C’ Schedule Properties including the
encroached land, where it will lead to multiplicity of
proceedings.

5. I submit that, to hear the exparte temporary injunction

application it is just and necessary to hear the
application today in view of the urgency pleaded in the
said application.

6. I submit that, in view of the urgency pleaded it is just

and necessary to allow the present application as
prayed for in the interest of justice and equity. Hence
this affidavit filed in support of accompanying
application.

09th September, 2025

Kadur Taluk
Identified by me : Deponent

Advocate
No. of Corrections :
 IN THE COURT OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

I.A No. 2 / 2025

IN
ORIGINAL SUIT No. ________ / 2025

BETWEEN:

Smt. K V Geetha and another Plaintiffs

AND

Smt. Asha U K and others Defendants

INDEX

Sl. Particulars Page No.

No.

1. I.A No. 2 / 2025 for Grant of Exparte

Temporary Injunction - Application filed
104 - 106
under Order XXXIX Rule 3 read with
Section 151 of the Code of Civil
Procedure, 1908 as amended.

2. Affidavit in support of grant of exparte

107 - 109
injunction application.

09th September, 2025

Kadur Taluk Advocates for Applicants/Plaintiffs
(T R Sunil Kumar & Ashok Mesta)
 IN THE COURT OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

I.A No. 2 / 2025

IN
ORIGINAL SUIT No. ________ / 2025

BETWEEN:

1. Smt. K V Geetha
Aged about 61 years,
W/o Late S N Tukaram,
Residing at Near Old Bus Stand,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Plaintiff No. 1

2. Vikas Sakre S T
Aged about 35 years,
S/o Late S N Tukaram,
Residing at Near Old Bus Stand,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Plaintiff No. 2

AND

1. Smt. U K Asha
Aged about 56 years,
W/o Srinivasa Rao,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 1

2. H Marulasiddappa
Aged about 55 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
 Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 2

3. B H Shivamurthy
Aged about 61 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 3

4. H Omkaramurthy
Aged about 53 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 4

5. H Basavaraju
Aged about 57 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 5

I.A No. 2 / 2025

BETWEEN

Smt. K V Geetha
Vikas Sakre S T Applicants / Plaintiffs
AND

Smt. U K Asha
H Marulasiddappa
B H Shivamurthy
H Omkaramurthy
H Basavaraju Opponents / Defendants

APPLICATION FILED UNDER ORDER XXXIX RULE 3 READ

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

THE PLAINTIFFS/APPLICANTS ABOVE-NAMED BEGS TO

SUBMIT AS FOLLOWS:

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

is prayed that this Hon’ble Court may kindly be pleased to
grant exparte ad-interim temporary injunction before
giving notices to the Defendants on the application i.e.,
I.A No. 4 and grant the Applicants/Plaintiffs such other and
further reliefs as this Hon’ble Court deems fit under the facts
and circumstances of the case.

09th September, 2025

Kadur Taluk Advocates for Applicants/Plaintiffs
(T R Sunil Kumar & Ashok Mesta)

IN THE COURT OF THE PRINCIPAL SENIOR CIVIL

JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

ORIGINAL SUIT No. ________ / 2025

BETWEEN:
Smt. K V Geetha and another Plaintiffs

AND

Smt. Asha U K and others Defendants

AFFIDAVIT

I, Vikas Sakre S T, aged about 35 years, S/o Late S N Tukaram,

residing at Near Old Bus Stand, Sakharayapattana Village,
Sakharayapattana Post and Hobli, Kadur Taluk - 577 135,
Chikkamagaluru District, do hereby solemnly affirm and state on
oath as follows:

1. I submit that, I am the Applicant in the above

accompanying application and 2nd Plaintiff in the above
suit and I am well acquainted with the facts of the case
and on my advice and I am orally authorized by the 1 st
Plaintiff to sign the present affidavit.

2. I submit that, we have filed the above suit seeking the

reliefs of Declaration, recovery of possession and
permanent injunction against the Defendants and for
better appreciation of the case and to avoid repetition
of facts the averments contained in the memorandum
of plaint may be kindly considered as part and parcel of
the affidavit.

3. I submit that, the Defendants have encroached the

portion of the ‘A’ schedule property without any basis
or right, title and interest and the said Defendants are
in possession even having clear knowledge of the
encroachment made by them and the said fact is clear
from the Plaint Document No. 19 vide Hudbust Sketch.

4. I submit that, along with the said suit we have also filed
an application for grant of exparte temporary injunction
 against the Defendants and the said application may be
read as part and parcel of this application. I further
submit that, the Defendants are now trying to alienate
the ‘B’ and ‘C’ Schedule Properties including the
encroached land, where it will lead to multiplicity of
proceedings.

5. I submit that, if the Defendants come to know

about the present suit, they may quickly process
the alienation including the encroached land of
the plaint ‘A’ schedule property. Therefore, it is
just and necessary to grant exparte ad-interim
temporary injunction before giving notices to the
Defendants on the application i.e., I.A No. 4.

6. I submit that the Defendants are backed up with

highhanded and they are so powerful and that grant of
temporary injunction in our favour and against the
Defendants is imperative at this stage itself i.e., before
ordering notice i.e., an exparte order of injunction.
Otherwise, the Defendants would take law into their
own hands by high handling us in respect of the issue
raised by us. Therefore, I have prayed for temporary
injunction restraining the defendants alienating the
plaint schedule property.

7. I submit that, under the circumstances stated above it

is just and necessary to grant ad-interim temporary
injunction before giving notices to the Defendants on
the application i.e., I.A No. 4. I submit that in the event
notice is ordered to the Defendants they are likely to
evade the same and force themselves in the matter of
alienating their respective properties including the
encroached lands of the plaint ‘A’ schedule property.
Therefore, there is a grave urgency in the matter and
 as such it is just and necessary to pass an exparte ad-
interim pending issuance of notice, otherwise the very
purpose of filing the above suit as well as the
application for seeking appointment would be rendered
infructuous. Hence this affidavit filed in support of
accompanying application.

09th September, 2025

Kadur Taluk
Identified by me : Deponent

Advocate
No. of Corrections :

IN THE COURT OF THE PRINCIPAL SENIOR CIVIL

JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

I.A No. 3 / 2025

IN
ORIGINAL SUIT No. ________ / 2025

BETWEEN:

Smt. K V Geetha and another Plaintiffs

AND

Smt. Asha U K and others Defendants

INDEX

Sl. Particulars Page No.

No.

1. I.A No. 3 / 2025 for Dispensation of

Plaint Document Nos. 13(b), 13(c),
13(e), 14, 18(a), 18(b), 19, 20, 21, 22,
110 - 112
23, 27, 28, 29, 31, 32, 33, 35 and 36 -
Application filed under Order VII Rule 14
read with Section 151 of the Code of
Civil Procedure, 1908 as amended.

2. Affidavit filed in support of above

113 - 114
dispensation application.

09th September, 2025

Kadur Taluk Advocates for Applicants/Plaintiffs
(T R Sunil Kumar & Ashok Mesta)

IN THE COURT OF THE PRINCIPAL SENIOR CIVIL

JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

I.A No. 3 / 2025

IN
ORIGINAL SUIT No. ________ / 2025

BETWEEN:

1. Smt. K V Geetha
Aged about 61 years,
W/o Late S N Tukaram,
 Residing at Near Old Bus Stand,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Plaintiff No. 1

2. Vikas Sakre S T
Aged about 35 years,
S/o Late S N Tukaram,
Residing at Near Old Bus Stand,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Plaintiff No. 2

AND

1. Smt. U K Asha
Aged about 56 years,
W/o Srinivasa Rao,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 1

2. H Marulasiddappa
Aged about 55 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 2

3. B H Shivamurthy
Aged about 61 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
 Chikkamagaluru District Defendant No. 3

4. H Omkaramurthy
Aged about 53 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 4

5. H Basavaraju
Aged about 57 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 5

I.A No. 3 / 2025

BETWEEN

Smt. K V Geetha
Vikas Sakre S T Applicants / Plaintiffs
AND

Smt. U K Asha
H Marulasiddappa
B H Shivamurthy
H Omkaramurthy
H Basavaraju Opponents / Defendants

APPLICATION FILED UNDER ORDER VII RULE 14 READ

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

THE PLAINTIFFS/APPLICANTS ABOVE-NAMED BEGS TO

SUBMIT AS FOLLOWS:
That, for the reasons sworn to in the accompanying affidavit, it
is prayed that this Hon’ble Court may kindly be pleased to
dispense with production of original or certified copies of
Plaint Document Nos. 13(b), 13(c), 13(e), 14, 18(a),
18(b), 19, 20, 21, 22, 23, 27, 28, 29, 31, 32, 33, 35 and
36 at this stage/juncture and grant the Applicants/Plaintiffs
such other and further reliefs as this Hon’ble Court deems fit
under the facts and circumstances of the case.

09th September, 2025

Kadur Taluk Advocates for Applicants/Plaintiffs
(T R Sunil Kumar & Ashok Mesta)

IN THE COURT OF THE PRINCIPAL SENIOR CIVIL

JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

ORIGINAL SUIT No. ________ / 2025

BETWEEN:

Smt. K V Geetha and another Plaintiffs

AND

Smt. Asha U K and others Defendants

AFFIDAVIT

I, Vikas Sakre S T, aged about 35 years, S/o Late S N Tukaram,

residing at Near Old Bus Stand, Sakharayapattana Village,
Sakharayapattana Post and Hobli, Kadur Taluk - 577 135,
Chikkamagaluru District, do hereby solemnly affirm and state
on oath as follows:

1. I submit that, I am the Applicant in the above

accompanying application and 2nd Plaintiff in the above
suit and I am well acquainted with the facts of the case
and on my advice and I am orally authorized by the 1 st
Plaintiff to sign the present affidavit.

2. I submit that, we have filed the above suit seeking the

reliefs of Declaration, recovery of possession and
permanent injunction against the Defendants and for
better appreciation of the case and to avoid repetition
of facts the averments contained in the memorandum
of plaint may be kindly considered as part and parcel of
the affidavit.

3. I submit that, the we have produced certified copy of

the sale deed dated 09.08.1984 i.e., Plaint Document
No. 1 and the Original sale deed dated 09.08.1984 is in
our custody and the same is required for to obtain crop
loan or any other personal use. I further submit that, I
undertake to produce the same wherever this Hon’ble
Court direct or deems fit.

4. I submit that the certified copies of Plaint Document

Nos. 13(b), 13(c), 13(e), 14, 18(a), 18(b), 19, 20, 21,
22, 23, 27, 28, 29, 31, 32, 33, 35 and 36 are not readily
available with us as the some are produced before the
DDLR, Chikamagaluru and but we have taken steps by
applying the same. I further submit that the said
documents will be made available before this Hon’ble
Court, whenever the same is directed.

5. I submit that under the above stated circumstances, it

is just and necessary to allow the accompanying
 application as prayed for by dispensing the Plaint
Document Nos. 13(b), 13(c), 13(e), 14, 18(a), 18(b), 19,
20, 21, 22, 23, 27, 28, 29, 31, 32, 33, 35 and 36 at this
juncture in the interest of justice and equity. Hence this
affidavit filed in support of accompanying application.

09th September, 2025

Kadur Taluk
Identified by me : Deponent

Advocate
No. of Corrections :

IN THE COURT OF THE PRINCIPAL SENIOR CIVIL

JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

I.A No. 4 / 2025

IN
ORIGINAL SUIT No. ________ / 2025

BETWEEN:

Smt. K V Geetha and another Plaintiffs

AND

Smt. Asha U K and others Defendants

INDEX

Sl. Particulars Page No.

No.

1. I.A No. 4 / 2025 for Temporary

 Injunction - Application filed under Order 115 - 119
XXXIX Rule 1 and 2 read with Section
151 of the Code of Civil Procedure, 1908
as amended.

2. Affidavit filed in support of Temporary

120 - 123
Injunction Application.

09th September, 2025

Kadur Taluk Advocates for Applicants/Plaintiffs
(T R Sunil Kumar & Ashok Mesta)

IN THE COURT OF THE PRINCIPAL SENIOR CIVIL

JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

I.A No. 4 / 2025

IN
ORIGINAL SUIT No. ________ / 2025

BETWEEN:

1. Smt. K V Geetha
Aged about 61 years,
W/o Late S N Tukaram,
Residing at Near Old Bus Stand,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Plaintiff No. 1

2. Vikas Sakre S T
Aged about 35 years,
S/o Late S N Tukaram,
Residing at Near Old Bus Stand,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
 Chikkamagaluru District Plaintiff No. 2

AND

1. Smt. U K Asha
Aged about 56 years,
W/o Srinivasa Rao,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 1

2. H Marulasiddappa
Aged about 55 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 2

3. B H Shivamurthy
Aged about 61 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 3

4. H Omkaramurthy
Aged about 53 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 4

5. H Basavaraju
 Aged about 57 years,
S/o Late Hallappa and Siddamma,
Residing at Sevalal School Road,
Pillenahalli Cross Road,
Sakharayapattana Village,
Sakharayapattana Post and Hobli,
Kadur Taluk – 577 135
Chikkamagaluru District Defendant No. 5

I.A No. 4 / 2025

BETWEEN

Smt. K V Geetha
Vikas Sakre S T Applicants / Plaintiffs
AND

Smt. U K Asha
H Marulasiddappa
B H Shivamurthy
H Omkaramurthy
H Basavaraju Opponents / Defendants

APPLICATION FILED UNDER ORDER XXXIX RULES 1 AND 2

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

THE PLAINTIFFS/APPLICANTS ABOVE-NAMED BEGS TO

SUBMIT AS FOLLOWS:

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

is prayed that this Hon’ble Court may kindly be pleased to
grant a temporary injunction restraining the Defendants
from alienating, selling, mortgaging, leasing,
encumbering or creating any third-party right or interest
in respect of the ‘B’ Schedule Property i.e., Survey No.
545/*/2 and ‘C’ Schedule Property i.e., Survey No. 554/*/*
by taking the eastern and western side encroached
portion of the Agriculture Land bearing Survey No.
545/*/1 measuring 2 Acre 25 Guntas 08 Anne, Katha No.
240, situated at Sakharayapattana Village,
Sakharayapattana Hobli, Kadur Taluk, Chikkamagaluru
District vide ‘A’ Schedule Property till disposal of the
above suit and grant the Applicants / Plaintiffs such
other and further reliefs as this Hon’ble Court deems fit
under the facts and circumstances of the case.

It is further prayed that this Hon’ble Court may be pleased to

grant an ad-interim exparte order of temporary
injunction in above like terms pending hearing of the
above application and grant the Applicants / Plaintiffs such
other and further reliefs as this Hon’ble Court deems fit under
the facts and circumstances of the case.

PLAINT SCHEDULE PROPERTIES

‘B’ SCHEDULE PROPERTY

All that piece and parcel of the Agriculture Land bearing

Survey No. 545/*/2 measuring 2 Acre 25 Guntas 08 Anne
(1 Guntas of Kharab Land), Katha No. 758, situated at
Sakharayapattana Village, Sakharayapattana Hobli,
Kadur Taluk, Chikkamagaluru District.

‘C’ SCHEDULE PROPERTY

That at the time of encroachment of portion ‘A’ schedule

property, the entire ‘C’ schedule property stood in the name of
Siddamma W/o B Halappa vide Plaint Document No. 6 after her
death, through the WILL division of the property is made (till
today no Hudbust application is made by the Defendants 2 to
5), therefore all the properties divided from extent of 1 Acre 36
Guntas is brought in the present suit and stated as under :

Item No. No. 1: All that piece and parcel of the

Agriculture Land bearing Survey No.
554/*/* measuring 08 Guntas situated
at Sakharayapattana Village,
 Sakharayapattana Hobli, Kadur
Taluk, Chikkamagaluru District.

Item No. No. 2: All that piece and parcel of the

Agriculture Land bearing Survey No.
554/*/* measuring 06 Guntas, Katha
No. 57, situated at Sakharayapattana
Village, Sakharayapattana Hobli,
Kadur Taluk, Chikkamagaluru
District.
Item No. No. 3: All that piece and parcel of the
Agriculture Land bearing Survey No.
554/*/* measuring 34 Guntas, Katha
No. 57, situated at Sakharayapattana
Village, Sakharayapattana Hobli,
Kadur Taluk, Chikkamagaluru
District.

Item No. No. 4: All that piece and parcel of the

Agriculture Land bearing Survey No.
554/*/* measuring 28 Guntas, Katha
No. 57, situated at Sakharayapattana
Village, Sakharayapattana Hobli,
Kadur Taluk, Chikkamagaluru
District.

09th September, 2025

Kadur Taluk Advocates for Applicants/Plaintiffs
(T R Sunil Kumar & Ashok Mesta)

VERIFICATION

We, K V Geetha and Vikas Sakre S T, the Plaintiffs, do hereby

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

09th September, 2025

Kadur Taluk Plaintiff No.
1

Plaintiff No.
2

IN THE COURT OF THE PRINCIPAL SENIOR CIVIL

JUDGE AND JMFC, KADUR TALUK, CHIKKAMAGALURU

ORIGINAL SUIT No. ________ / 2025

BETWEEN:

Smt. K V Geetha and another Plaintiffs

AND

Smt. Asha U K and others Defendants

AFFIDAVIT

I, Vikas Sakre S T, aged about 35 years, S/o Late S N Tukaram,

residing at Near Old Bus Stand, Sakharayapattana Village,
Sakharayapattana Post and Hobli, Kadur Taluk - 577 135,
Chikkamagaluru District, do hereby solemnly affirm and state
on oath as follows:

1. I submit that, I am the Applicant in the above

accompanying application and 2nd Plaintiff in the above
suit and I am well acquainted with the facts of the case
and on my advice and I am orally authorized by the 1 st
Plaintiff to sign the present affidavit.
2. I submit that, we have filed the above suit seeking the
reliefs of Declaration, recovery of possession and
permanent injunction against the Defendants and for
better appreciation of the case and to avoid repetition
of facts the averments contained in the memorandum
of plaint may be kindly considered as part and parcel of
the affidavit.

3. I submit that, the Defendants have encroached the

portion of the ‘A’ schedule property without any basis
or right, title and interest and the said Defendants are
in possession even having clear knowledge of the
encroachment made by them and the said fact is clear
from the Plaint Document No. 19 vide Hudbust Sketch.

4. I submit that, the Defendants are now trying to alienate

the ‘B’ and ‘C’ Schedule Properties including the
encroached land, where it will lead to multiplicity of
proceedings.

5. I submit that, we are in possession and enjoyment of

the plaint ‘A’ schedule property right of right from the
year, 1984. I further submit that the Defendants are
well within the knowledge of our possession right from
the year 1984 and the admitted fact is that, all the
Defendants are residing adjacent to the plaint ‘A’
schedule property and the plaint documents prove my
lawful possession over the ‘A’ schedule property.

6. I submit that, since the Defendants are the

owners of the plaint ‘B’ and ‘C’ schedule
properties and the RTC of the year 2025-2026
holds their names, after coming to know the
present suit, the Defendants may quickly process
to alienate and create third party right and
interest over the plaint ‘B’ and ‘C’ schedule
 properties and it will lead to multiplicity of
proceedings. Therefore, it is just and necessary
to grant the prayer made in the accompanying
application.

7. I submit that, we are in lawful owners of the plaint ‘A’

schedule property, we have also produced several
documents along with the plaint which unequivocally
establish that we are lawful owners of the plaint ‘A’
schedule property as on the date of suit including the
land encroached by the defendants on western and
eastern side of the ‘A’ schedule property. I submit that
we have made out a prima facie case for trial and the
facts pleaded by us and the documents filed in support
of our case will have to be adjudicated in a full dressed
trial. I submit that none of the plaint documents relied
upon by us in support of my case can be contradicted
by the Defendants herein.

8. I submit that, the fact and circumstances narrated

herein above and more fully narrated in the plaint, it is
clear that we have an excellent and strong prima facie
case in our favour, which warrants adjudication of
material facts pleaded by us in support of the reliefs
seeking declaration, recovery of possession and
permanent injunction against the Defendants herein.

9. I submit that I have substantially and sufficiently

pleaded and we are able to prove during the course of
trial about the encroachment made by the Defendants
over the portion of the plaint ‘A’ schedule property.
Therefore, I have prayed for temporary injunction
restraining the defendants alienating the plaint
schedule property.
10. I submit that, under the circumstances stated above it
is just and necessary to grant an order of temporary
injunction as prayed for in the accompanying
application. I submit that in the event notice is ordered
to the Defendants they are likely to evade the same
and force themselves in the matter of alienating the
plaint ‘B’ and ‘C’ schedule properties with an intention
to harass the Plaintiffs and will lead to multiplicity of
proceedings. Therefore, there is a grave urgency in
the matter and as such it is just and necessary to pass
an exparte ad-interim order of temporary injunction
pending issuance of notice, otherwise the very purpose
of filing the above suit as well as the application for
seeking temporary injunction would be rendered
infructuous. Hence this affidavit filed in support of
temporary injunction application.

09th September, 2025

Kadur Taluk
Identified by me : Deponent

Advocate
No. of Corrections :