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IN THE COURT OF THE HON’BLE CIVIL JUDGE AT

KUNDAPURA

Original Suit No. /2021

Between:

Jayarama@Jayakumar (45 years)

S/o.Mutta Mogaveera
R/a.Tagana Mane, Kodapadi PLAINITFF
Gujjady Village & Post,
Kundapura Taluk, Udupi District

AND

1. Mahabala (60 years)

S/o.Mutta Mogaveera
R/a.Tagana Mane, Kodapadi
Gujjady Village & Post,
Kundapura Taluk, Udupi District

2. Susheela (58 Years)

D/o.Mutta Mogaveera
R/a.Tagana Mane, Kodapadi
Gujjady Village & Post,
Kundapura Taluk, Udupi District DEFENDANTS

3. Saroja(56 Years)
D/o.Mutta Mogaveera
R/a.Tagana Mane, Kodapadi
Gujjady Village & Post,
Kundapura Taluk, Udupi District

4. Ananda (53 Years)

S/o.Mutta Mogaveera
R/a.Tagana Mane, Kodapadi
Gujjady Village & Post,
Kundapura Taluk, Udupi District

5. Panduranga(51Years)
S/o.Mutta Mogaveera
R/a.Tagana Mane, Kodapadi
Gujjady Village & Post,
Kundapura Taluk, Udupi District

6. Raghurama (49 Years)

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S/o.Mutta Mogaveera
R/a.Tagana Mane, Kodapadi
Gujjady Village & Post,
Kundapura Taluk, Udupi District

7. Raghavendra(43Years)
S/o.Mutta Mogaveera
R/a.Tagana Mane, Kodapadi DEFENDANTS
Gujjady Village & Post,
Kundapura Taluk, Udupi District

8. Ramachandra(41Years)
S/o.Mutta Mogaveera
R/a.Tagana Mane, Kodapadi
Gujjady Village & Post,
Kundapura Taluk, Udupi District

PLAINT UNDER SECTION 26, ORDER VII, RULE 1 OF

C.P. CODE, 1908

The plaintiff above named beg to submit as under:

I. That the name and address of the plaintiffs are as above

said and all the notices and processes in the suit may be
served upon their Counsel, Sri M.Ravi Shetty(MRS),
Roll No:KAR/2572/2010 Advocate, Room No.18,
Bannadi Somanath Hegde-Advocates Office , Near New
Bus Stand, TMC Complex, Kundapura-576201 That the
name and address of the defendant for the service of all
the notice and processes in the above suit are as above
said.

II. SUBJECT MATTER OF THE SUIT :

1. That the suit A schedule properties mentioned here
blow in the suit A schedule are the joint right properties
of the Plaintiff and Defendants over which the plainitff
along with the Defendants arrayed here above have
acquired the joint right title and interest by virtue of the
inheritance right of their father late Mutta Mogaveera
and mother Muttu @ Muttu Mogaveerthi@ Muttu Hengsu
which was devolved upon their intestate demise.
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2. Basically or in actual Sl.No.1 to 3 of the suit A schedule

are the properties granted to the father of the plaintiff
and defendants by name Mutta Mogaveera by the order
of the Land Tribunal Kundapura in TRI No:489/1974
and the Sl.No.4 to 7 of the suit A schedule are the
properties granted to the mother of the plaintiff and
defendants by name Muttu @ Muttu Mogaveerthi@
Muttu Hengsu and the Sl.No.8 to 11 properties of the
suit A schedule are the properties granted properties to
the father of the plaintiff and defendants by name
Mutta Mogaveera out of which the Sl.No.8 to 10
properties were granted to him vide the order of the
Taluk Tahashildar Kundapura in NCR.DR.:582/2002-
2003(53) and the Sl.No:11 property was also granted to
him vide the order of the Taluk Tahashildar Kundapura
in DR.:146/2019 which then the father of the plaintiff
and defendants by name Mutta Mogaveera executed a
registered settlement deed jointly in favor of his wife and
children i.e. Muttu @ Muttu Mogaveerthi@ Muttu
Hengsu along with the defendants and plaintiff which
was registered as Doc.No:424/1976-77 for Rs.1,000/-
consideration dated 27/09/1976 and thereafter the
father of the plaintiff and defendants by name Mutta
Mogaveera and mother of the plaintiff and defendants
by name Muttu @ Muttu Mogaveerthi@ Muttu Hengsu
were both died intestate without disposing or making any
arrangement for the fare and equal distribution of the
suit A schedule properties among their children i.e.
plaintiff and defendants leaving behind the plaintiff and
defendants as their issues and legal heirs to succeed
them and the suit A schedule properties jointly after
their demise and hence the plaintiff and defendants are
in joint possession and interest of the suit A schedule
properties and have acquired the joint right title and
interest as well as possession over the same by virtue of
the inheritance of their parents namely Muttu @ Muttu
Mogaveerthi@ Muttu Hengsu and Mutta Mogaveera and
were jointly and peacefully enjoying the same till
recently by changing the revenue records such as RTC
Katha etc in their joint names and the plaintiff and
defendants are in joint possession of the suit A schedule
properties to till date also
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3. That when the matter stood thus, the plaintiff recently

thought to have partition of the suit ‘A’ schedule
properties along with the Defendants and to have his
definite proportionate shares vide the said partition and
demanded the defendants to com and co-operate for and
to have partition of the said suit ‘A’ schedule properties,
on 15/05/2021, But the defendants postponed the same
with a reason that the RTC Extracts of the same are still
in their parent’s names correspondingly as per the below
mentioned schedule such as Change of Katha and
requested the Plaintiff to wait for few days for the
completion of the said mutation process and revenue
work and then to have the partition of the suit ‘A’
schedule properties. And the plaintiff agreed for the said
request of the defendants and thereafter recently when
on 05/08/2021 the Plaintiff noticed that the said
Change of Katha mutation process and all other revenue
works were already done over the suit ‘A’ schedule
properties, the Plaintiff again on the very same day
obtained all the suit A schedule properties RTC Extracts
and demanded again the defendants to have partition of
the suit A schedule properties and then the defendants
with the motivation and indulgence of the Defendant
No.2 threatened the Plaintiff not to demand for any
partition and he will not be given any properties or else
will be given a meager share in the same but no fare and
equal share will be given to him and thrown a filthy
conversation on his face and threatened to kill him if
any demand for partition is placed by the plainitff before
the defendants and if any share or right s required for
him to get the same from the Court of law and harassed
out of the such nasty and rude attitude of the defendants
the Plaintiff thought to consult and approach their
family relatives and well wishers of either of the parties
to call for a get together or family meeting to get the
matter solved amicably settled with the intervention and
meditation of the family relatives and well wishers of
either of the parties on the very same day of 05/08/2021.
But the defendants did not respond for the same and not
even attended the said get together or family meeting
and kept out of reach to the Plaintiff and hence the
Plaintiff without having alternate efficacious remedy
under law, has filed the present suit for the fare and
equal partition of the suit A schedule properties by
metes and bounds .Hence this suit for partition.
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4. The plaintiff is still in joint possession of the suit

schedule properties and his right is in full force and is
not ceased off or extinguished by any means and at
present the aggrerian income augmented out of the suit
A schedule properties is negligible and the defendant is
claiming the same and at present or to toll date as known
to the Plainitff there are no joint debts or liabilities to be
shared over the suit A schedule properties and the suit
A schedule properties are free from all kinds of liens and
transactions and if any such are found at later stage or if
any raised by the defendants which are carried out
behind the back of the plaintiff without bringing to his
knowledge and consent, which were not know to the
plaintiff and executed secretly by the defendants, then
all such are void ab initio and shall not come into force
and are not binding on the plainitff and are all colorable
fictitious and shall be entirely ignored during the
partition of the suit A schedule properties

5. The suit A schedule properties are liable to be divided

into 9 fare and equal shares properties by metes and
bounds with regard to contiguity, fertility , good and bad
soil , fertile and fecund lands , way water and road
access with all proper and fare rights of easements and
access and approach to road/way and water and out of
the said 9 fare and equal shares, one such fare and
equal share among the same shall be allotted to the
exclusive and absolute share of the plaintiff. Hence this
suit for partition.

III. That the cause of action for this suit arose 15/05/2021,
the date on which the plaintiff demanded the defendants
for the partition of the suit A schedule properties and
consequently on 05/08/2021, the date in which the
plaintiff notice the change of Katha of the suit A schedule
properties and demanded again for the partition of the
suit A schedule properties and when the defendants
refused to co operate for the same and denied his right
over the said suit A schedule properties

IV. The ‘A’ schedule properties are situated in Hosadu

Village and Gujjady Villages of Kundapura Taluk, a
places within the Jurisdiction limits of this Hon’ble
Court and the said suit is within the time and the same
is not barred by any laws in force at present.
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V. The plaintiff values the suit at Rs.1,11,135.83 for the

purpose of court fees and at Rs.3,35,702.00 for the
purpose of jurisdiction and the court fee of Rs.200=00 is
paid under section 35(2) of the Karnataka Court Fees
and Suits Valuation Act.

PRAYER: Wherefore it is prayed that the Hon’ble Court

may be pleased to pass a judgment and decree against
the defendant and in favour of the plaintiffs.
a) For dividing the item No.1 to 11 of the
suit ‘A’ schedule properties into 9 fair
and equal shares by metes and
bounds and allot 1 such share to the
exclusive and absolute share of the
plaintiff with reference to
improvement, frontage contiguity
equity and fertility of soil and deliver
such share to the plaintiff free from
encumbrances and liens [This relief is
valued at Rs.1,11,135.83 for the
purpose of court fee and at
Rs.3,35,702.00 for the purpose of
jurisdiction and the court Fees of
Rs.200=00 is paid on the plaint under
Sec 35(2) of Karnataka Court Fees and
Suits Valuation Acts]
For the Purpose of court fee at Rs.1,11,135.83
For the purpose of jurisdiction at Rs.3,35,702.00
b) Directing the defendant to pay the cost Not Valued
of this suit to the defendant
c) To grant such other and further reliefs Not Valued
as the Hon’ble Court deems fit under
the facts and circumstances of the
case
T Rs.1,11,135.83
OTAL Rs.3,35,702.00
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‘A’ SCHEDULE
DESCRIPTION OF “A”-SCHEDULE
Immovable properties held on Occupancy Right which
are situated in Gujjady Village, , Vandse Hobli,
Kundapura Taluk, Udupi District
Sl.No. Sy.No. Extent Assessment
(Acres-Cents) (Rs. Ps.)
1. 58/5P3 0.30 1.76
2. 58/3P3 0.30 1.11
3. 58/4P2 0.04 0.33
4. 194/1(Por) 0.13 4.91
5. 194/1(Por) 0.24
6. 71/1 0.41 6.71
7. 197/5 1.18 0.71

Immovable properties held on Mooli Right which are

situated in Hosadu Village, Vandse Hobli, Kundapura
Taluk, Udupi District
8. 103/2BP1 0.09 0.53
9. 111/5B1 0.05 0.24
10. 111/8A 0.12 0.70

11. 94/1CP1 0.13.50 0.80

(The above properties from Sl.No.1 to 11are with all

buildings, tree growth and other structures etc., situated
thereon)

Kundapura
10/08/2021 PLAINTIFF ADVOCATE FOR PLAINTIFF

I, the above named plaintiff, do hereby declare that the

facts stated above are is true and correct to the best of my
knowledge belief and information.

Kundapura
10/08/2021 PLAINTIFF

LIST OF DOCUMENTS PRODUCED BY THE PLAINTIFF:

1. R.T.C. extracts of suit ‘A’ schedule properties
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2. Certified copies of the Form No.7 Saguvali Chit and

Grant Sketches along with proceedings of the Taluk
Tahasildar Kundapura in NCR.DR.582/2002-2003(53)

3. Certified copy of the Registered Settlement Deed dated

27/07/1976 of Book No.1 of SRO Kundapura bearing
Doc.No:424/1976-77 executed by Mitta Mogaveera in
favour of Muttu and Others

Kundapura
Date:10/08/2021 Advocate for Plaintiff
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IN THE COURT OF THE PRL.CIVIL JUDGE

AT KUNDAPURA
O.S.No. 340/2021
BETWEEN;
Jayarama@Jayakumar }Plaintiff

-AND-

Mahabala }
& others }Defendants

MEMO

It is submitted that th below mentioned documents

in the above suit are submitted herewith on behalf of the
plaintiff

1) The mutation extract in MR.No.H73/2015-16

dated 13/01/2020 for the properties’ of the Gujjady
Village

2) The mutation extract in MR.No.H53/2015-16

dated 14/01/2020 for the properties’ of the Hosadu
Village

3) Photograph of the proposed construction which

the Defendant No.2 by name Susheela in the
Sl.No.4 of the suit A schedule properties

4) CD of the above said Photograph

Kundapura
Date:13/08/2021 Advocate for the Plaintiff
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