BEFORE THE HON’BLE SENIOR CIVIL JUDGE, AT _________

O. S. No. ______ / 2019

BETWEEN:
Ajay and Others Plaintiffs

AND:

Vijay and Others Defendants

INDEX

Sl. Particulars Page

No. No.

1. Written Statement under Order VIII, Rule 1 of the Code of Civil

Procedure, 1908.

2. Verifying Affidavit on behalf of the Defendant No. 7

3. Valuation Slip

4. List of Original documents (for safe custody).

5. List of Documents.

6. 1. DOCUMENT No. 1: A copy of the Sale Deed registered in the

sub registered office at _______ in book ______ volume ______
page ______.

7. Vakalatnama along with board resolution.

8. Process memo and Plaintiffs’ copy

Place: ______
Date: 09.09.2019 Advocate for Defendant No. 7
 BEFORE THE HON’BLE SENIOR CIVIL JUDGE, AT _________

O. S. No. ______ / 2019

BETWEEN:
Ajay and Others Plaintiffs

AND:

Vijay and Others Defendants

WRITTEN STATEMENT ON BEHALF OF DEFENDANT No. 7 FILED UNDER ORDER

VIII RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908

The Defendant No. 7 above named submit as under:

1. The address of the Defendant No. 7 for the purpose of court notices and process
in that of the law offices of Abhishek Anand, 20-21, Prestige Inferno towers, Bidar
– 585402

2. The address of the Plaintiffs for the purpose of court notices and processes are
shown in the cause title.

3. The Defendant No. 7 is the Nandanavam Village Panchayat, represented by

standing counsel.

4. That Late Mr. Parvata Rao, deceased in 1956, was in absolute and peaceful
possession of 30 Acres of land in the Nandanavam Village. He was survived by
two sons Late Mr. Bhujang Rao, deceased in 1975 and Late Mr. Sundar Rao,
deceased in 2001. Mr. Bhujang Rao was not married and hence after his passing,
the entire land of 30 acres passed into the absolute and peaceful ownership of
Mr. Sundar Rao.

5. Mr. Sundar Rao was married to Late Mrs. Manjula, Defendant No. 2 herein,
deceased in 1977 and was survived by eight children i.e. Plaintiffs No. 1 to 3 and
Defendants No. 1 to 4. Late Mr. Sujay, son of Mr. Sundar Rao, deceased in 2000,
and the brother of the Defendant No. 1 and father to Plaintiff No. 4 to 9. The
Plaintiffs along with the Defendant No. 1 to 4 above named are part of a Hindu
Undivided Family and have been residing together.

6. That the Defendant No. 1 is the Kartha of the Hindu Undivided Family, containing
all the Plaintiffs above named and Defendants above named.

7. In 2007, Defendant No. 1 above named sold 20 acres of the joint family property
of an ancestral character to the Defendant No. 2 above named. It is important to
note that the Plaintiffs have been in the Hindu Undivided Family since its inception
and have never, prior to the institution of this suit, since the inception of the Hindu
Undivided Family raised any form of dispute and/or concerns over the style and
competency of the management of the family properties and estate, including the
suit schedule property, by the Defendant No. 1. Therefore, the Plaintiffs have
always been willing members of the Hindu Undivided family and have been, up to
the institution of this frivolous suit, content with the manner in which the Defendant
No. 1 managed the suit scheduled property.

8. That after the Defendant No. 5 purchased 20 acres the suit scheduled property for
a legal and valid consideration of Rs. 2 crores ( Rupees 2 crores only) and upon
legal and valid transfer of title under sale deed registered in the sub registered
 office at _______ in book ______ volume ______ page _______, the Defendant
No. 5 became the legal and absolute owner, entitled to peaceful possession of the
portion of the suit scheduled property. The copy of the Sale deed is herein with
attached as Document No. 1.

9. That subsequent to the purchase of the portion of the suit scheduled property, the
Defendant No. 2 allocated the land to the beneficiaries of the “Garib Yojana
Scheme” for the purpose of public housing and directed the Defendant No. 6 to
initiate construction for the same. Defendant No. 7 is therefore herein representing
the beneficiaries of this socialistic scheme for poverty upliftment.

Specific denials to the Plaint.

10. That the Plaintiffs came into full knowledge of the legal and valid sale of the portion
of the suit scheduled property in 2014 itself, but have stayed their hands and have
slept on their right to file a suit for declaration. Thus, their right to property is
extinguished as their suit is barred by limitation and thereby deserves to be
rejected in limine.

11. That the Defendant No. 7 has acted under direction which it deemed to be legally
valid and performed the same in good faith. Thus, since the Plaintiffs have not
attached any previous sanctions provided by the Zilla Panchayath or any other
authorised officer thereof, in their plaint, towards the Defendant No. 7, the said suit
is also barred by The Karnataka Panchayath Raj Act, 1993.

12. That under the factual circumstances of this suit, the Plaintiffs have not
approached this court with clean hands, but have ulterior motives of harassing the
Defendant No. 1 to 4 for personal gains beyond the scope of this Hon’ble court.

13. That the factual narration in the plaint is fraudulent, incorrect and is a malicious
attempt to detract the attention of this Hon’ble court from the exact happenings
and sequence of events as stated above.

14. That the Plaintiffs have failed to establish a proper cause of action for the institution
of this suit and thereby this suit must be disposed off in limine.

15. That the Defendant No. 1 is the undisputed Kartha of the undivided family and thus
is entitled to take decisions for the benefit of the estate and the HUF. That the
Kartha, sold the said portion of the suit scheduled property to Defendant No. 2 for
the reasons mentioned hereunder:

a. Due to financial distress faced by the HUF in light of mounting loans

b. For the benefit of the survival and welfare of the HUF and the estate

16. That in light of above mentioned facts and circumstances, the Kartha was not
bound to seek the consent of any coparcener of the joint family property and
therefore the cause of action of the plaintiffs are extinguished due the above
mentioned factual matrix coupled with the absence of any malafide intention,
negligence or ulterior motive over the sale of the portion of the suit scheduled
property.

17. That the Defendant No. 1 sold only 20 acres of the suit scheduled property to
Defendant No. 2 and has retained absolute ownership and possession of the
remaining 10 acres of the suit scheduled property under the name of the HUF.

18. Any factual circumstances contended by the Plaintiffs, not being denied specifically
hereunder, are hereby denied in their entirety.
 19. No other suit or proceeding has been initiated on the same cause of action.

WHEREFORE, the Defendant No. 7 above named prays for a judgement and decree
for the following reliefs:

i. Dismiss, the suit filed for declaration of ownership hereunder, of the portion of
the suit scheduled property.

ii. Grant such other and further reliefs as are just including costs of this suit.

ADVOCATE FOR DEFENDANT No. 7 DEFENDANT NO. 7

VERIFICATION

I, Mr. _______, the representative of the Defendant No. 7 herein, do hereby, declare that

what is stated above are true to the best of my knowledge, information and belief.

PLACE: ________

DATE: 09.09.2010 Defendant No. 7

 BEFORE THE HON’BLE SENIOR CIVIL JUDGE, AT _________

O. S. No. ______ / 2019

BETWEEN:
Ajay and Others Plaintiffs

AND:

Vijay and Others Defendants

VERIFYING AFFIDAVIT

I, Mr. _______, son of _______, aged about 41 years, representative of Nandanavam

Village Panchayat, resident of _____, do hereby solemnly affirm and state as follows:

1. I say that I am the authorized signatory of the Defendant No. 7 in the above case.

I know the facts of the case. I am authorized to swear to this affidavit.

2. I say that the contents of the above plaint in the paragraphs from 1 to 19 are true

and correct to the best of my knowledge, information and belief.

3. I say that Document No. 1 is the true copie of the original.

Identified by me

Advocate Deponent

VERIFICATION

I, ________, the Deponent above mentioned declare that this is my true name and

signature and that what is stated above is true and correct to the best of my knowledge,

information and belief

Place: _____

Date: 09.09.2019 Deponent

 BEFORE THE HON’BLE SENIOR CIVIL JUDGE, AT _________

O. S. No. ______ / 2019

BETWEEN:
Ajay and Others Plaintiffs

AND:

Vijay and Others Defendants

LIST OF DOCUMENTS

1. A copy of the Sale Deed registered in the sub registered office at _______ in book
______ volume ______ page ______.

PLACE:_________ Advocate for Defendant No, 7

DATE: 09.09.2019

LIST OF WITNESS

1. Mr. _____, representative of Nandanavam Village Panchayat.

PLACE:_________ Advocate for Defendant No, 7

DATE: 09.09.2019