Caveat Petition

IN THE COURT OF THE

CIVIL JUDGE

(JD) AT SHIVAMOGA CAVEAT PETITION NO.

/2009

BETWEEN : K.S. PADMAVATHI, W/O LATE K. SATHYANARAYANA RAO, AND D/O LATE K. SHAMASHASTRI 90 YEARS BY AGE, SRI SAI DWARAKAMBA OLD AGE HOME, SRI SAI NAGARA, KANIVENAHALLI POST MADHUGIRI ROAD, PAVGADA TALUK TUMKUR DISTRICT. … CAVEATOR AND : 1. CHIDAMBARA MURTHY CHAKRAVARTHY SWAMIJI SWAMIJI OF AGADI MATH MAJOR BY AGE ANANDAVANA POSST HAVERI TALUK HAVERI DISTRICT 2. SECRETARY/PRESIDENT SHIMOGA BRAHMANARA VIDHYARTHI NILAYA B.H. ROAD, SHIVAMOGA … RESPONDENT CAVEAT PETITION UNDER SECTION 148(A) READWITH SECTION 151 OF THE CIVIL PROCEDURE, 1908. The Caveators in the above Caveat Petition most respectfully submit, as follows:1.

That, the addresses of the Parties for the

purpose of service of summons, notices, from this Hon’ble Court is as set-out in the cause-title. The

Caveator

Counsel

Sri

may N.

also

be

Sridhara

served babu

through

their

Advocate,

Legal

documentations, G.K. Road, K.R.Extension, Tumkur572101. email: [email protected]

2.

The Caveator submit that, the caveator is

the daughter of Late K.Shama Shastri and Late Smt Achamma, caveators mother Achammma was the elder sister of one Late H. Ramakrishnarao, the caveat schedule property originally belonged to Late H. Ramakrishnarao and after his death his wife Late Rukkamma managed the property and died issueless. After

her

death

the

caveator

inherited

the

property and was in peaceful and legal possession of caveat schedule property. 3. The Caveator submit that,

The caveator and

her demised ancesters have given some part of the premises on rental basis. Taking undue advantage of

such

tenant

occupation

the

respondents

are

trying to file baseless suit and obtain temporary injunction

restraining

this

defendant

from

further maintenance and development of property. 4. The Caveator submit that, The respondents have no

title

or

rights

over

the

property

are

needlessly wanted to interfere with the peacefull possession of caveator. 5. The Caveator submit that, The khatha and other revenue documents stand in the name of caveator and caveator’s title is not in challenge before any court of law. The caveator is absolute owner having legally valid possession and documentation is

having

possible

very legal

respondents

good

case

attack

intend

to

by take

to way

defend

any

such

of

suit.

The

interim

relief

by

misleading court with wrong set of facts. 3.

The Caveator further submit that, since, from

the date of succession the Caveator is absolute owner

in peacefull possession and enjoyment of

the Schedule Property effecting all the revenue

records in her name since then.

When the things

stood thus the Respondent who has no manner of right,

title

or

interest

over

the

Schedule

Property trying to interfere with the peacefull possession of the Caveators and he may file a Suit

for

Injunction

or

other

consequential

relief/s before this Hon’ble Court. 4.

The

Caveator are apprehended that, the

Respondent

would

restraining

the

file

a

Suit

for

Injunction

Caveator from enjoyment of the

Schedule Property. Hence, the Caveator pray that, this Hon’ble Court may be pleased to cause notice of any such Original Suit or Application that, would be filed for grant of any Stay/injunction to be served

on the Caveator before such Suit

is heard and any Interim Order passed thereon. If

an

interim

Stay

is

granted

against

the

Caveator, the Caveator will be put to irreparable loss and hardship, which can not be compensated in terms of money or monies worth. Hence,

this

Caveat Petition. 5.

Postal

aforesaid

Voucher

notice

for

having

issued

the

by registered post is affixed

hereunder. 6.

That, the Fixed Court Fee is paid on Caveat

Petition. WHEREFORE, in the above facts and circumstances of the case it is most respedtfully prays that, this Hon’ble Court may be pleased to grant before

an

opportunity

granting

any

of

hearing

ex-parte

the

interim

Caveators order

in

favour of the Respondent, in case, the Respondent prefer any Suit or Petition in the interest of justice and equity.

SCHEDULE PROPERTY 1. All that, piece and parcel of immovable property bearing

Property

65+56.3/2 Shivamoga 11

th

x

42

number comes

District,

834/834/1342/5, under

Shivamoga

the

MEASURING

Jurisdiction

TALUK,

Shivamoga

of Town

ward T.G.N. Layout together with all appurtenence

whatsoever whether underneath or above is one property 2. All that, piece and parcel of immovable property bearing

Property

number

841/841/1347/5,

MEASURING

216+180/2 x 25+100/2 comes under the Jurisdiction of Shivamoga 11

th

District,

Shivamoga

TALUK,

Shivamoga

Town

ward T.G.N. Layout together with all appurtenence

whatsoever whether underneath or above the surface is another property: Both properties are adjacent properties having common boundaries bounded on: East

by

West

by

North by South by

: Dr S.V. Venkataramanaiah’s wife Rukminamma’s land : Sri C.D. Bakin’s and Sri G.N. Dwarki girimaji Rao’s house : C. Narayanachar’s siblings land : Municipal Road

PLACE : SHIVMOGA DATED:

CAVEATOR

ADVOCATE FOR THE CAVEATORS V E R I F I C A T I O N I K.S. PADMAVATHI, the Caveator, do hereby state that what is stated above is true and correct to the best of my knowledge, belief and information.

CAVEATOR

IN THE COURT OF THE

CIVIL JUDGE

(JD) AT SHIVAMOGA CAVEAT PETITION NO.

/2009

BETWEEN : K.S. PADMAVATHI,

CAVEATOR

AND : 1. CHIDAMBARA ANOTHER

MURTHY

CHAKRAVARTHY SWAMIJI AND RESPONDENTS

I N D E X SL. NO.

DESCRIPTION

NO OF PAGES

1.

CAVEAT PETITION UDNER SECTION 148(A) OF THE CODE OF CIVIL PROCEDRUE, 1908.

2.

POSTAL RECEIPT

3.

VAKALATH

4.

PROCESES MEMO along with Caveat Petition

PLACE: SHIVAMOGA DATED: ADVOCATE FOR CAVEATOR

IN THE COURT OF THE

CIVIL JUDGE

(JD) AT SHIVAMOGA CAVEAT PETITION NO.

/2009

BETWEEN : K.S. PADMAVATHI,

CAVEATOR

AND : 1. CHIDAMBARA ANOTHER

MURTHY

CHAKRAVARTHY SWAMIJI AND RESPONDENTS

I K.S. PADMAVATHI, the caveat petitioner in the above matter hereby appoint and retain SRIDHARA BABU N Advocate to appear act and plead for me in the above matter and to conduct/prosecute and defend the same in all interlocutory or miscellaneous proceedings connected with the same or with any decree or orders passed therein appeals and or other proceedings arising there from and also in proceedings for review of judgement and for leave to appeal to High court/ Supreme court and to obtain return of any documents filed therein or receive any money which may be payable to me. I hereby authorize them on my behalf to enter into a compromise in the above matter, to execute any decree/order therein to appeal from any decree/order/therein and to appeal to act to plead in such appeal in any preferred by any other party from any decree/other therein. I further agree that if I fail to pay fees agreed upon or to give due instructions at all stages they are at liberty to retire from the case and recover all amounts due to them and retain all my monies till such dues are paid. Executed by me this _____ day of December 2009 at SHIVAMOGA Signature/s Executants/ are personally known to me and he/has/they have signed before us. Satisfied as the identity of executant/s Signature/s, Certified, that the contents were explained to the executant/s in my presence in KANNADA, Language known to him who appears perfectly to understand the same and has /have signed in the presence. Accepted Address for service

NAME: SRIDHARA BABU N. (SBN) ROLL NO: KAR 2157/2000

ADVOCATES FOR CAVEATOR

Legal documentations

PLACE: SHIVAMOGA DATE:

G.K.Road, K.R.Extension Tumkur- 572101 Email: [email protected]

IN THE COURT OF THE

CIVIL JUDGE

(JD) AT SHIVAMOGA CAVEAT PETITION NO.

/2009

BETWEEN : K.S. PADMAVATHI,

CAVEATOR

AND : 1. CHIDAMBARA MURTHY CHAKRAVARTHY SWAMIJI AND ANOTHER RESPONDENTS PROCESS MEMO The caveator counsel humbly prays this court to issue summons to caveator application/suit filed by respondents in course of time. Necessary process fee of is herewith produced.

Hon’ble if any the due Rs 8-00

PLACE: SHIVAMOGA DATED: ADVOCATE FOR CAVEATOR

IN THE COURT OF THE

CIVIL JUDGE

(JD) AT SHIVAMOGA CAVEAT PETITION NO.

/2009

BETWEEN : K.S. PADMAVATHI,

CAVEATOR

AND : 1. CHIDAMBARA MURTHY CHAKRAVARTHY SWAMIJI AND ANOTHER RESPONDENTS PRODUCTION OF POSTAL RECIEPT The caveator counsel humbly submits that caveat petition copy is being posted to respondents vide RPAD and postal receipts are herewith produced by annexing the same with this memo.

PLACE: SHIVAMOGA DATED: ADVOCATE FOR CAVEATOR