IN THE COURT OF PRINCIPAL CITY CIVIL JUDGE AT BELLARY
OS NO_____________ OF 2023
BETWEEN
1 Panduranga G H
Aged about 89 years
Son of Late Hanumanth Rao
Currently residing at
SRINILAYA #164/A 6th Cross 8th Main
2nd Block, Bangalore South, Jayanagar
Lii Block Bangalore South Bangalore
Bangalore-560 011
2 Parvathi P
Aged about 69 years
W/O: Panduranga G H
Currently residing at
SRINILAYA #164/A 6th Cross 8th Main
2nd Block, Bangalore South, Jayanagar
Lii Block Bangalore South Bangalore
Bangalore-560 011
PLAINTIFF
AND
1 Prabhakar
Aged about 66 years
Son of Panduranga
Currently residing at
SRINILAYA #164/A 6th Cross 8th Main
2nd Block, Bangalore South, Jayanagar
Lii Block Bangalore South Bangalore
Bangalore-560 011
2 Archana P
Aged about 33 years
D/O : V B Prabhakar
Currently residing at
SRINILAYA #164/A 6th Cross 8th Main
2nd Block, Bangalore South, Jayanagar
Lii Block Banaglore South bangalore
Bangalore-560 011
3 Praveen
Currently residing at
SRINILAYA #164/A 6th Cross 8th Main
2nd Block, Bangalore South, Jayanagar
Lii Block Banaglore South Bangalore
Bangalore-560 011
DEFENDANTS
APPLICATION UNDER ORDER XXXIX RULE 1 & 2 R/W
SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908
For the reasons stated in the accompanying affidavit, it is most
respectfully prayed that this Hon’ble Court may be pleased to
pass an ad- interim order of temporary injunction restraining
the Defendant Nos.1,2 & 3 by an order of Injunction and status-
quo, pending, either by themselves or through their legal heirs,
employees, servants, agents, or any other person or persons
claiming through or under them from alienating the Suit
Schedule Property or create third party interest over the same,
earmarked for
It may be pleased to grant an ad-interim ex-parte order of
temporary injunction in terms as prayed for.
SUIT SCHEDULE PROPERTIES
SCHEDULE PROPERTY.
HOUSE WITH OPEN SITE situated within the registration and sub-
registration district of Ballari and within the City Corporation limits of
Ballari, located at Ballari City, Hospet Road, city Corporation ward
No.30 CTS ward No.22, Block No.19, T.S.No.217/1D/8 Doer No.40,
Assessment No.40048/P measuring East-West: 30 Ft, North-South: 67
Feet, Area: 2010Sq. Ft, building Bounded by:
East: Common Passage 1D/1,
West: Plot No.2 G.H.Surendra Naidu,
North: common passage
South: common passage.
T.S.No.217/1D/6, Assessment No.49408/P measuring 31692
Sq.Ft, vacant property,
EASTERN SIDE - NORTH TO SOUTH 211FT+ EAST TO WEST
60FT + NORTH TO SOUTH 40FT,
WESTERN SIDE NORTH TO SOUTH 20FT + 160FT + EAST TO
WEST 81.5FT, NORTH TO SOUTH 38.5FT + EAST TO WEST
37FT+ 14FT,
NORTH TO SOUTH 15FT
Place: Bangalore
Date: Advocate for
Plaintiffs
IN THE COURT OF PRINCIPAL CITY CIVIL JUDGE AT
BELLARY,
O.S. No. of 2023
BETWEEN:
PANDURANGA G H & ORS … PLAINTIFFS
AND:
PRABHAKAR AND OTHERS … DEFENDANTS
AFFIDAVIT VERIFYING APPLICATION
I, Panduranga G H Aged about 89 years, Son of Late Hanumanth Rao,
Currently residing at, SRINILAYA #164/A 6th Cross 8th Main 2nd Block,
Bangalore South, Jayanagar Lii Block Bangalore South Bangalore,
Bangalore-560 011, do swear on oath as under-
1. I am the Plaintiff in this case and as such fully aware of the facts
and circumstance of the case and competent to swear to this
Affidavit. I am authorised to swear on behalf of Plaintiff No.2 as
well
2. I am the Plaintiff in the Original Suit. I am conversant with the
facts of the case and competent to depose to matters pertaining
thereto.
3. For the sake of brevity and convenience, the averments of the
Petition may be treated as part and parcel to this affidavit.
4. I submit that Plaintiff No.2 is my wife. The Defendant No.1 is our son
in law, who is married to our adopted daughter Mrs. Vijaya, the
Defendant No.2 is the Daughter of Defendant No.1 and our
Granddaughter respectively. The Defendant No.3 is the husband of
the Defendant No.2, and son in law of Defendant No.1 respectively.
The Plaintiffs and Defendants are the members of the same family.
5. It is submitted that I had acquired the properties set out in the
schedule hereto and (SCHEDULE PROPERTIES) through will dated
01.11.1983. I was in peaceful possession of the Property until the year
2020.
6. When things stood thus, the Defendants in active connivance with
each other hoodwinked us that they shall cater to their needs at this
opportune time of their senility. Thereafter on the pretext of visiting
their hometown at Bellary, they affixed my signature on an instrument
and later on revealed to the Plaintiffs that it was indeed deed of gift
deed conveying the Schedule Property in favour of the Defendant
No.2 herein.
7. It is submitted that during the month of March 2023 the Defendants
forcefully evicted us, from their residences and physically assaulted
and thereby have exhibited scant regard to humanitarian values has
against the Plaintiffs. Owing to which, we were constrained to file a
police complainant and as well as to shift to the current place of
residence with our nephew.
8. We were thereafter constrained to file a proceedings under the
provisions of the aforesaid Act, for a prayer inter alia, praying for
declaration of the gift deed dated 14th February 2020 before the
Hon’ble Court of Assistant Commissioner, Bangalore and the case has
been numbered as MSC/58/2023.
9. I submit that, if the Gift Deed as obtained by fraud is allowed to
subsist, the same shall disentitle me of my valid title in respect
of Schedule Property. Furthermore, if this act of the Defendants
is allowed to subsist. It will encourage them to misuse by
making good of their fraudulent practices.
10. The Defendants nos.1,2 &3 are likely to create third party
interest over property on the Suit Schedule Property herein and
deprive me of valid title over my property. Therefore, it is
essential that this Hon’ble Court grant an order of injunction
restraining the Defendant Nos 1, 2 & 3 from raising any
construction on the Suit Schedule Property.
11. I submit that I having proved the three ingredients
necessary for grant of an interim injunction, namely prima facie
case, balance of convenience and irreparable hardship and
injury, I am entitled to an order of interim injunction as prayed
for in the accompanying Application.
12. Furthermore, in light of the above as well as in view of the
high-handed acts of the Respondents and their complete
disregard to the right of me as well as the delay that would be
occasioned in the issuance of notices to the Defendants I
respectfully submit that it is only just and necessary that this
Hon’ble Court be pleased to grant an ex-parte order of
injunction as prayed for in the accompanying Application.
13. No harm or injustice or injury will be caused to the
Defendants as they cannot in law interfere over the Suit
Schedule Property. On the other hand, in view of what has been
illustrated hereinabove I will be put to irreparable hardship,
loss, injury and inconvenience if this Hon’ble Court does not
grant an injunction as prayed for.
WHEREFORE, we most respectfully pray that this Hon’ble Court may
be pleased to ALLOW the accompanying application as prayed for
therein, in the interests of justice and equity.
Identified by me
Advocate
DEPONENT
VERIFICATION
I, the above named deponent, do verify that the contents of our
affidavit are true and correct to the best of our knowledge,
information and belief, and that nothing material has been concealed
therefrom.
Place: Bangalore
DATE
DEPONENT
