Partitiion Suit
August 28, 2022 | Author: Anonymous | Category: N/A
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IN THE COURT OF THE JUNIOR CIVIL JUDGE : AT GADWAL
O.S.No.
of 2017
BETWEEN:
Mr. Pedda Anjaneyulu S/o. Bajarappa, Age:35 Years, Occ:Agri. R/o. Umithyala village of K.T.Doddi Mandal, Jogulamba Gadwal Distrcit. Advocate : B.Narasimhulu, Advocate, Gadwal.
….PLAINTIFF
V/S: Smt.Ananthamma W/o. Bajarappa, Age: 50 Years, Occ:Agri 2. Mr.Chinna Anjaneylu S/o. Bajarappa, Age: 35 Years, Occ:Agri 3. Mr.Hanumanthu S/o. Bajarappa, Age:29 Years, Occ:Agri 4. Mr,Anjaneyulu S/o.V.Karrenna, Age: 39 years, Occ:Agri. 5. Bheemulamma W/o.Prathap,Age:35 years, Occ:Agri All are R/o. Umithyala village of K.T.Doddi Mandal, Jogulamba Gadwal Distrcit. …..DEFENDANT’s ….. DEFENDANT’s 1.
PLAINT FILED UNDER O. VII R.1&2 R/W U/S.26 OF THE CODE OF CIVIL PROCEDURE, 1908.
The Plaintiff in the above case most respectfully submits, as follows: 1.
That the plaintiff submits that the property mentioned at the foot of the plaint herein after referred to as suit schedule property is the ancestral and joint family property of plaintiff and defendant 1ST to 3rd and the defendant No. No. 4rd to 5th third parties to suit schedule of the property and family of the plaintiff of the suit. The defendant defend ant No.1st to 2nd are brothers of plaintiff and defendant No.1 is mother of the plaint plaintiff iff.. That That the Pedigree Pedigree of the plaintif plaintifff and the defenda defendant nt No.1 to 3 as follows: THE PEDIGREE.
MR.VARGU BADEGADU (HE & HIS WIFE DIED)
MR.LACHMADU (Son & HE & HIS WIFE DIED)
MR.BAJARAPPA (Son & HE DIED)
ANAN AN ANTH THAM AMMA MA Wife&D.No.1
P. P.AN ANJAN JANEY EYULU ULU Son & Plaintiff
C.AN C.ANJA JANE NEYU YULU LU Son & D.No.2
HANU HANUMA MANT NTHU HU Son & D.No.3
2.
That the plaintiff submits that the Suit Schedule of Property belongs to one MR.VARGU BADEGADU, After demise of Mr.Vargu Badegadu, lived behind him as Legal Heirs was MR.LACHMADU, he was also died, After demise of Mr.Lachmadu, lived behind him as Legal Heirs was MR.Bajarappa, he was also died, After demise of Mr.Vargu Badegadu, lived behind him as Legal Heirs is Plaintiff and Defendant No.1 to 3, therefore the plaintiff and defendant No.1 to 3 enjoying the possession over the suit schedule of property.
3.
That the plaintiff submits that the plaintiff and defendant No.1 to 3 have been enjjoyin en oying g
th the e
poss posses ess sion ion
ove verr
th the e
sui suit
sc sche hed dule ule
prop roper erty ty
by
ami amicabl cable e
understanding. But. There is no occurred partition in respect of the suit schedule of the property. 4.
That the plaintiff submits that the plaintiff was asked to the defendant No.1 to 3 fo forr part partit itio ion n and and se sepa para rate te poss posses essi sion on in re resp spec ectt of the the suit suit sc sche hedu dule le of the the property on 01-06-2017 in the presence of village village elders. But the defendant No.1 to 3 was denied and refused for partition and separate possession in respect of the suit schedule of of the property. property. Hence, the plaintiff was was approached to the Revenue Record Rec ording ing Author Authority ity (TAHAS (TAHASILD ILDAR) AR) at K.T.Do K.T.Doddi ddi Mandal Mandal,, Jogula Jogulamba mba Gadwal Gadwal District for the purpose of obtain and same references the Revenue Records in respect of herein said survey number dated on 02-06-2017 02-06-2017 and 03-07-2017. 03-07-2017. And the Tahasildar had issued certified copies of the Khasra Pahani(1954-1955) on 0307-201 072017,a 7,and nd
Pahanie Pahanies(1 s(1991 991-92, -92,199 1992-93 2-93,19 ,1994-9 94-95,1 5,1996 996-97 -97,19 ,1999-2 99-2000 000,20 ,200202-
03,2005-06,) on 07-06-2017. The same C.C. of Khasra Pahani and Pahanies are filed herewith for kind perusal by this Hon’ble Court. 5.
That the plaintiff submits that on dated 07-06-2017 when the plaintiff obtained the Revenue Records from the Revenue Recording Authority. The plaintiff was know kn own n abou aboutt the the defen defenda dant nt No.4 No.4 to 5 name names s has re refl flec ecti ting ng in the the Reve Revenu nue e Records in respect of the Suit schedule of Property. Those entries are completely againstt the public policy in Revenue agains Revenue Records. Records. Hence the plaintiff plaintiff file this suit for canc ca ncel el the the entr entrie ies s in the the Reve Revenue nue Reco Records rds (1 (1BB-fo form rms s of the the R. R.O. O.R. R. (2 (2)) and
Pahanies (2), these are relevant to the defendant No.4 to 5). The same C.C. of 1Bforms of the R.O.R. (2) is filed herewith h erewith for kind perusal by this Hon’ble Court. 6.
The Plaintiff submits that the above said Defendant No.4 to 5 of the Revenue Records is not bind by the plaintiff and the defendant No. 4 to 5 is not bind on the plaintiff. Both of The defendants are colluded each other and try to grab the plaintiff share of the property. Hence this suit.
7.
That the plaintiff submits that the cause of action arose at Umithyala village of K.T.Doddi Mandal where the plaintiff has demanded the defendant No.1 to 3 for partition of the suit land by mets and bounds on 01-06-2017. When the plaintiff was known about about the defendant defendant No.4 to 5 names has reflecti reflecting ng in the Revenue Revenue Records Reco rds in respec respectt of the the Suit schedule schedule of Prope Property rty dated dated on 07-0607-06-2017, 2017,
The
plac place e of caus cause e of acti action on and and the the suit suit sche schedu dule le of the the prop proper erty ty situ situat ated ed at Umithyala Umith yala village village of K.T.Doddi K.T.Doddi
Mandal, Mandal, which is within the jurisdict jurisdiction ion of the
Hon’ble court. 8.
That the plaintiff submits that the plaintiff: 1. Reli Relief ef for for part partit itio ion: n: As per per the the valu valuat atio ion n ce cert rtif ific icat ate e issu issued ed by the the SubSubRegist Reg ister er Office Office,, Gadwal Gadwal.. The suit suit schedul schedule e of the proper property ty is valued valued at Rs.______________/- per Acre, that the suit schedule of the property total value comes to Rs, ____________/- on which 1/4 th of the plaintiff share is Rs.____________/- on which 3/4th value comes to Rs.____________/-, up on which Court fee of Rs_______________ Rs_______________ is payable u/s 34(1) of the A.P.C.F. AND AN D S. S.V. V. ACT, ACT, 1956 1956.. But But the the suit suit sc sche hedu dule le land land pr prop oper erty ty is in join jointt possession of both parties, a fixed Court Fee of Rs.__________/-is paid u/s 34(2) of the A.P.C.F. AND S.V. ACT, 1956 which is sufficient. 2. Relief Relief for Cancel Cancel entries entries in Revenue Record Records s (4): the plaintif plaintifff has paid court court fee is Rs_________is paid u/s 43 of the A.P.C.F. AND S.V. ACT, 1956. which is sufficient
9.
That the plaintiff submits that this suit is filed within the limitation of time as a s per Under Article 110 of schedule of the Limitation Act, 1963.
10. That
the plaintiff submits that the documents related to suit schedule of property
are produced along with plaint as list of documents No. 1 to 14. For the kind perusal of this Hon’ble court.
It is, therefore prayed, that the Hon’ble court may be pleased to decree the plaintiff of suit as under. 1. To direct direct the divisio division n of suit schedule schedule of of the property property into into 1/4th equal share, allot one share such part to the Plaintiff considering its potentiality and fertility by metes and bounds, pass preliminary decree accordingly in favor of the plaintiff and against to the defendant No.1 to to 2. 2. To cancel cancel the names names of the defendant defendant No.4 No.4 to 5 in the 1B-For 1B-Forms ms of R.O.RR.O.R2017 and Pahanies-2017 (4) in respect of suit schedule of the property. 3. To Grant Grant cost costs s of the suit in favor favor of the the PLAI PLAINT NTIF IFF F and and agai agains nstt to the defendants jointly and severally. 4. To Such Such othe otherr re reli lief ef as th the e Hon’ Hon’bl ble e cour courtt deem deems s fi fitt and and pr prop oper er in the the circumstances of the suit. Date: 25 .09.2017. PLAINTIFF Advocate for plaintiff Verification:-I, the above named Plaintiff herein is doing hereby declare that what is stated in the above paras are to be true and correct to the best of my knowledge and beli be lief. ef. Henc Hence, e, ve veri rifi fied ed and signe signed d on this the 25th 25th day day of Septem Septembe ber, r, 2017 2017 at Gadwal.
PLAINTIFF SCHEDU SCH EDULE LE OF PROPER PROPERTY: TY: The The land Sy.No.137/3 Extent of Ac. 2-20 Gts. And Sy.No.137/4 Extent of Ac. 2-20 Gts, is situated in the limits of Umithyala Village of K.T.Doddi Mandal, Jogulamba Gadwal District and compact bounded by as follows: East : Land of Chinna Savaranna & others West : Land of G.Hanumanthu & others North : Land of Chinna Rangaswami & others. South : Land of Govindamma & others. PLAINTIFF
LIST of DOCUMENTS
Sl. No
Date of Document
Parties to document
1
03-07-2017
Plaintiff &defendant
2
07-06-2017
Do
Description of the Document Khasra Pahani-195455 Pahani-1991-92
3 4 5 6 7 8 9 10 11
07-06-2017 07-06-2017 07-06-2017 07-06-2017 07-06-2017 25-09-2017 25-09-2017 25-09-2017 25-09-2017
Do Do Do Do Do Do Do Do Do
Pahani-1992-93 Pahani-1996-97 Pahani-1999-2000 Pahani-2002-2003 Pahani-2005-2006 1B-Form of ROR 1B-Form of ROR Pahani-2017 Pahani-2017
12
22-09-2017
Do
Valuation Certificate
Remarks C.C. Copy C.C. Copy C.C. C.C. C.C. C.C. C.C. C.C. C.C. C.C. C.C.
Copy Copy Copy Copy Copy Copy Copy Copy Copy
Original
Date: 25 .09.2017.
PLAINTIFF IN THE COURT OF THE HON’BLE JUNIOR CIVIL JUDGE :: AT GADWAL O.S. No.
Of 2017
Between: P.Anjaneyulu
…PLAINTIFF
Versus
Smt.Ananthamma & others
…DEFENDANTS
PLAINT FILED UNDER ORDR VII RULE 1 & 2 R/W U/S. 26 OF C.P.C.
Filed on: 25 -09-2017
Filed by:Plaintiff
Advocate for Plaintiff Address for Service: Sri B. Narsimhulu, Advocate, Gadwal
IN THE COURT OF THE HON’BLE JUNIOR CIVIL JUDGE
:: AT GADWAL O.S. No.
Of 2017
Between: P.Anjaneyulu …PLAINTIFF Versus Smt. Sm t.An Anan anth tham amma ma & other thers s
…DEF …D EFEN ENDA DANT NTS S A F F I D A V I T
I, Smt. Pedda Anjaneyulu s/o Late Bajarappa, aged 35 years, Occ. Agril., R/o Umithyala village of of K.T.Doddi Mandal, Jogulamba Jogulamba Gadwal District, District, do hereby jointly jointly affirm and sincerely state on oath as follows:1. I am deponent – plaintiff in the above suit and I am filing this affidavit myself and as such well acquainted with facts of this affidavit. 2. I submit that plaintiff have filed the above suit. The said plaint may be read as part of this affidavit. 3. I submit that plaintiff is hereby swear that all the allegations in the plaint filed by us are true and correct to the best of our knowledge and belief. DEPONENT
(P.Anjaneyulu) VERIFICATION:
The contents of this affidavit having been read over and explained in telugu to
the deponent who admitting the correctness and signed before me on this the 25 th day of September 2017 at Gadwal. Advocate
FORM NO. 8 PARTICULARS OF VALUE OF IMMOVABLE PROPERTY (Rule 11 and 87 of part-Valume 1 C.R.P. and Co) IN THE COURT OF THE HON’BLE JUNIOR CIVIL JUDGE :: AT GADWAL O.S. No. Of 2017 Between: P.Anjaneyulu …PLAINTIFF Versus Smt. Sm t.An Anan anth tham amma ma & other thers s
…DEF …D EFEN ENDA DANT NTS S
Valuaton of immovable propery under secton 10 of he Andhra Pradesh Cour Fee & Sui Valuaton Valuaton Ac
1 2 3
Sl items of immovable property Registration District and SubDistrict Taluk, Village where property is situated
One. Jogulamba Gadwal Umithyala Village, K.T.Doddi Mandal Sy.No.137/3, 137/4
4
Sy.No.
5
Extent
Ac. 5:00 Gts
6
Class of lands wet and dry
Dry
7
Rent Value of the land
--
8
Market value of the land
Value for purposes of Court Fee & jurisdiction of Law under which it is valued
10
Re Remarks
Dt. 25.09.2017.
Relief for partition: As per the valuation certificate issued by the Sub-Register Office, Gadwal. The suit schedule of the property is valued at Rs.______________/- per Acre, that the suit schedule of the property total value comes to Rs, ____________/- on which 1/4 th of the plaintiff share is Rs.__________ Rs.____________/__/- on which 3/4 th value comes come s to Rs._____ Rs._________ _______/___/-,, up on which Court fee of Rs______ Rs__ ________ ________ _____ _ is payable u/s 34(1) of the A.P.C.F. A.P.C.F. AND AND S.V. S.V. ACT, ACT, 19 1956 56.. Bu Butt the su suit it sc sche hedu dule le la land nd property is in joint possession of both parties, a fixed Court Cou rt Fee of Rs.___ Rs.______ ______ ____/_/-is is pai paid d u/s 34(2) 34(2) of the A.P.C.F. A.P.C .F. AND S.V. ACT, 1956 which which is sufficient. sufficient. And Relief Reli ef for Cancel Cancel entri entries es in Revenue Revenue Records (4): the plaintiff has paid court fee is Rs_________is paid u/s 43 of the A.P.C.F. AND S.V. ACT, 1956. which is sufficient
Advocate for PLAINTIFF
PLAINTIFF
F O R M NO.7 LIST OF DOCUMENT (RULE 9, 10 & 262) (Under Order VII Code of Civil procedure) IN THE COURT OF THE HON’BLE JUNIOR CIVIL JUDGE :: AT GADWAL O.S. No. Of 2017
Between: P.Anjaneyulu …PLAINTIFF Versus Smt. Sm t.An Anan anth tham amma ma & other thers s LIST OF DOCUMENT FILED BY PLAINTIFF
Sl.
Date of
…DEF …D EFEN ENDA DANT NTS S
Description of the Parties to document
No
Document
1
03-07-2017
Remarks Document Khasra Pahani-1954-
Plaintiff &defendant
C.C. Copy
2
07-06-2017
Do
55 Pahani-1991-92
3 4
07-06-2017 07-06-2017
Do Do
Pahani-1992-93 Pahani-1996-97
C.C. Copy C.C. Copy
5 6 7 8 9 10 11 12
07-06-2017 07-06-2017 07-06-2017 25-09-2017 25-09-2017 25-09-2017 25-09-2017 22-09-2017
Do Do Do Do Do Do Do Do
Pahani-1999-2000 Pahani-2002-2003 Pahani-2005-2006 1B-Form of ROR 1B-Form of ROR Pahani-2017 Pahani-2017 Valuation Certificate
C.C. Copy C.C. Copy C.C. Copy C.C. Copy C.C. Copy C.C. Copy C.C. Copy Original
Dt. 25 -09-2017
C.C. Copy
Advocate for PLAINTIFF
IN THE COURT OF THE HON’BLE JUNIOR CIVIL JUDGE :: AT GADWAL O.S. No. Between:
Of 2017
P.Anjaneyulu
…PLAINTIFF
Versus
Smt,Ananthamma & others
…DEFENDANTS
LIST OF DOCUMENTS
Filed on: 25 -09-2017
Filed by: Plaintiff
Advocate for Plaintiff
Address for Service:
Sri B. Narsimhulu, Advocate, Gadwal
Form 1 No.(1) (O.5 R.1.5) SUMMONS FOR THE APPEARANCE OF THE DEFENDANTS IN THE COURT OF THE HON’BLE JUNIOR CIVIL JUDGE :: AT GADWAL O.S. No. Of 2017 Between: P.Anjaneyulu …PLAINTIFF
Versus Smt.An Smt. Anan anth tham amma ma & other thers s …DEF …D EFEN ENDA DANT NTS S To 1. Smt.Ananthamma W/o. Bajarappa, Age: 50 Years, Occ:Agri 2. Mr.Chinna Anjaneylu S/o. Bajarappa, Age: 35 Years, Occ:Agri 3. Mr.Hanumanthu S/o. Bajarappa, Age:29 Years, Occ:Agri 4. Mr,Anjaneyulu S/o.V.Karrenna, Age: 39 years, Occ:Agri. 5. Bheemulamma W/o.Prathap,Age:35 years, Occ:Agri All are R/o. Umithyala Village of K.T.Doddi mandal, Jogulamba Gadwal dist. Whereas the PLAINTIFF Whereas PLAINTIFF have instituted instituted a suit against against you for partition partition of the suit su it schedu schedule le pr prop oper erty ty vi vide de pl plai aint nt copy copy attach attached ed ther there e with with you are hereb hereby y summoned to appear in this court court in person or or by a pleader pleader duly instructed and able to answer all material question relating to the suit, to who shall be compacted by some other person able to answer all such questions to the day at O’ clock clock to the foreno forenoon on to answer answer the claim claim and you are :directed to produce on that day all the documents upon which are intend to relay in support of your defense. defense. Take notice that in default default of your appearance on the day of before mentioned that suit will be heard and an d determined in your absence. Giv Gi ven unde underr my my han hand d and and th the e sea seall of of the the Court urt thi this s da day of 201 2017. // BY ORDER // SUPERINTENDENT. Note: 1. You You shou should ld app appea earr and and your your wit witne ness ss wil willl not not atte attend nd on on thei theirr own own acco accord rd you you can have summons from this court to compel the attendance of witness and to produce produce any documents, documents, you have to call upon the witnesses witnesses to pro pr oduce duce by appe appear arin ing g to the court ourt and and on dep deposit siting ing the nece necess ssar ary y expenditure. 2. If you you adm admit it the the clai claim m you you shou should ld pay pay the the mone money y the the Cour Courtt to both bother er wit with h the the costs of the suit to avoid execution of the decree which may be against your person or property, or both.
PROCESS PAYMENT FORM
IN THE COURT OF THE HON’BLE JUNIOR CIVIL JUDGE :: AT GADWAL O.S. No. Of 2017
Beween: P.Anjaneyulu
…PLAINTIFF Versus
Sm. .A Ana nan nham amm ma & ohers
…DE …D EFEN END DANTS Place of fixing
Date of Deposit
Name of the Party
Purpose of Value Deposit
process and for cancellation
1.
2.
3.
7 1 0 2 9 5 2
4.
5.
Smt.Ananthamma W/o. Bajarappa, Age: 50 Years, Occ:Agri Mr.Chinna Anjaneylu S/o. Bajarappa, Age: 35 Years, Occ:Agri Mr.Hanumanthu S/o. Bajarappa, Age:29 Years, Occ:Agri Mr,Anjaneyulu S/o.V.Karrenna, Age: 39 years, Occ:Agri. Bheemulamma W/o.Prathap,Age:35 years, Occ:Agri All are R/o. Umithyala Village of K.T.Doddi mandal, Jogulamba Gadwal dist.
Date : 25 .09.2017
s t n a d n e f e D e h t o t e c i t o N / n o m m u S e u s s I
Counsel for PLAINTIFF
IN THE COURT OF THE HON’BLE JUNIOR CIVIL JUDGE :: AT GADWAL O.S. No. Of 2017 Between: P.Anjaneyulu
…PLAINTIFF
Versus
Smt. Ananthamma & others
…DEFENDANTS
PROCESS OF PAYMENT
Filed on: 25 -09-2017
Filed by: Plaintiff
Advocate for Plaintiff
Address for Service:
Sri B. Narsimhulu, Advocate, Gadwal
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