Govindraju B R vs Kumaraswamy B R on 12 June, 2025

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Plaintiff has filed this suit against the

defendants seeking the relief of partition and

separate possession of his share in the suit schedule

properties. He has also sought the relief of

declaration that, unregistered will deed dated

05.09.1998 executed by his deceased father in

favour of defendant No. 1 is not binding on him.

2. It is averred in the plaint that, the plaintiff

and defendants are the sons of late A. Ramaiah and

late H.L.Gangamma. Smt. B.R.Ramamani is daughter

of late A. Ramaiah and late H.L.Gangamma. Plaintiff

and defendants are brothers and they are

coparceners of undivided family of late A.Ramaiah.

Plaintiff is joint owner of suit schedule A and B

properties shown in the plaint schedule. Suit

schedule A property is purchased by their father and

B schedule property was received by virtue of

OS.No. 7161/2014

Panchayat Palupatti and since from the date of

purchase and Panchayat Palupatti, the plaintiff and

defendant’s father was in joint possession of the said

properties along with plaintiff and defendants. The

plaintiff and defendants are having equal right, title

and interest of late A.Ramaiah who died on

22.09.1998 leaving behind the plaintiff and

defendants to succeed to his estate and suit

properties. There has been misunderstanding

between plaintiff and defendants in day to day life

and on several occasions, plaintiff requested the

defendants to effect partition in the suit schedule

properties and to give his 1/3rd share in the suit

properties which was not responded by the

defendants and they used illegal methods by

colluding with revenue authorities and got mutated

their names in the revenue records in respect of the

suit schedule properties. The father of the plaintiff

purchased property measuring 21 x 60 for ₹ 4,000

from Lakshman Raju under sale deed dated

OS.No. 7161/2014

11.06.1968 vide reg. No..531/1968-69 in Book No.1,

Volume No. 2125, Page No. 206 which is bounded by

East: Nanjundaswamy property, west: house of

Dasharath, North: Road and South: late Ramasing

and others’ houses. The said sale deed has been

registered in the office of Sub-Registrar Gandhinagar,

Bangalore on 11.06.1968. The land bearing Survey

No.2 measuring 3 acre 07 gunta is acquired by him

under the Panchayat Palupatti dated 15.04.1954.

But defendant no. 1 and 2 colluded with each other

and created an unregistered will deed dated

05.09.1998 in the name of their father with an

intention to deprive the share of the plaintiff in the

suit properties and forged the signatures of his

father. The said will deed is created, concocted and

forged document and not binding on the plaintiff.

Plaintiff decided to separate himself from the joint

family by taking his share in the suit properties for

which he is constrained to file the suit against the

defendants seeking the relief of partition and

OS.No. 7161/2014

separate possession of his share in the suit

properties.



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