O.S.No.257/20241Dt.03-04-2025.
IN THE COURT OF THE CIVIL JUDGE (JUNIOR DIVISION) AT SATHAVEDU.
Present: Sri V. Gopala Krishna,
Additional Civil Judge (Junior Division),
Puttur. FAC/ Civil Judge (Junior Division), Sathyavedu.
Thursday, the Third (03rd) day of April, 2025.
O. S. N O .257 / 2024.
Between:
K. Priya, Hindu, Age:35 years, W/o K. Munaiah, D.No.4-100, Bramhana Street, Nagalapuram Village and Mandal, Tirupathi District and Temporarily residing at D.No.412, near Fathima masjid, Ambedkar Nagar, Viginapura, Banglore North, Durvani Nagar, Bangalore, Karnataka State.
… Plaintiff.
And
G. Giri Babu, Hindu, Age:32 years, S/o G. Selvam, residing at D.No.4-66, Brahmin Street, Nagalapuram Village and Mandal, Tirupati District. … Defendant.
This suit is came before me on 20.03.2025 for final hearing in the presence of Sri D.Muni Sekhar, Advocate for Plaintiff and the defendant is remained ex-parte, and having been stood over till this day for consideration, this court delivered the following:
J U D G M E N T
1)This is a suit filed by the plaintiff against the defendant with a prayer to pass a decree and Judgment in favour of the plaintiff against the defendant;
(a) by granting permanent injunction restraining the defendant, his men, agents or anybody on his behalf from in any way interfering with the plaintiff’s peaceful possession and enjoyment of the plaint schedule property and in attending for painting and minor repairs of the same; (b) grant costs of the suit; and (c) grant such other and further reliefs meet and just in the circumstances of the case.
O.S.No.257/20242Dt.03-04-2025.
2)The brief averments of the plaint are that plaintiff is the eldest daughter of her parents late G.Yellamma and late G.Selvam. She has two other younger sisters by name K.Roopa and Pushpa and the defendant is their youngest brother. Their father G.Selvam died while all of them were too young. After the death of their father G.Selvam their mother G.Yellama used to do wood business initially and thereafter bakery business for their lively hood until her death on 30.09.2024. Their mother G. Yellamma out of her hard earnings purchased the plaint schedule property which was vacant site in two continuous plots under a registered sale dated 10.06.2004 vide document
No.308/2004 of SRO, Pitchatur from one Munaswamy and under another registered sale deed, dated 10.08.2006 vide document No.533/2006 of SRO,
Pitchatur. Thereafter three years she got constructed a terraced residential house in the aforesaid property which constitutes the suit schedule property for their residence. Since then, the plaintiff, their mother, two sisters and brother used to live in the suit schedule house consisting of five rooms.
3)It is submitted that the plaintiff mother also purchased two other vacant house sites properties abutting one another under two Reg. sale deeds in her name in the year 2010 and got constructed a semi-finished residential house by the time of her death. The defendant after marriage got addicted to bad vices and began to harass their mother for money to meet his vices. The defendant forcibly took over the management of their family bakery business got it closed within a matter of one year only to clear the debts raised by him to meet his vices. As there arose disputes because of his vices he put up separate family in some other house in the village along with his wife and three children leaving their mother in the schedule house to her fate in her old age while suffering with severe ill health due to liver Cirrhosis.
4)It is further submitted that her two sisters could not look after her mother because of their family problems and the defendant, who is her brother also
O.S.No.257/20243Dt.03-04-2025.
did not look after her mother in her last days due to his vices and on the ill advice of his wife. Therefore, the plaintiff alone looked after their mother for her medical necessities and cleared the loans raised by the defendant on the bakery business. Their mother G.Yellamma could not discharge her mortgage debts over the schedule property. Therefore, the plaintiff discharged the mortgage loan of her mother and took custody of the title deeds of the schedule property which are in the name of her mother. The plaintiff submits that as her mother lost the original title deed dated 10.08.2006 her mother obtained certified copy and entrusted the same to the plaintiff. The plaintiff also submits that her mother could not return the plaintiff’s money taken for purchase of gold to her. So also, her mother took her gold ornaments weighing 64 grams to raise loan for her medical and family necessities and did not return those gold ornaments. There by the plaintiff became indebted to several persons on account of her mother’s ill-health and defendant’s vices and mismanagement of their family and bakery business by the defendant.
5)It is further submitted that as their mother was due to her on several counts referred above, she executed a will, dated 25.09.2024 in respect of the suit schedule residential horse in her favour where she was living in her last days and died on 30.09.2024 reciting in the aforesaid will as to the circumstances under which she executed the last will in favour of the plaintiff.
After the death of their mother the will dated 25.09.2024 executed by her in favor of the plaintiff became operative and she became absolute owner of the suit schedule property. The plaintiff submit that she performed the last rights of her mother with the help of their two sisters. On the other hand, the defendant simply collected donations from their relations in the name of last rights of their mother to clear the electricity bills of the house and thereafter sold all the house hold furniture and other articles in the suit schedule property to meet his vices and took away all the house tax receipts, electricity receipts connected with the suit property with the suit property with him. But, the
O.S.No.257/20244Dt.03-04-2025.
schedule residential house property is in her possession and enjoyment after the death of their mother on 30.09.2024.
6)It is further submitted that when herself with her sisters was about to star painting and attend for minor repairs for the schedule house property to perform the third month ceremony of their mother the defendant began to give threats at her stating that he will dispossess her from the schedule property and she cannot attend for painting and other minor repair works. In fact, on 05.12.2024 at about 9.00 a.m when the plaintiff along with her two sisters were about to start painting and minor repairs of the schedule property with the help of workers the defendant came over there in a fully drunken stage along with his men who are all anti-social elements and threatened them with dire consequences not to proceed with the help of neighbors. The defendant left the place stating that he will see her end if she resides in the schedule house and proceeds with the work. Therefore, the plaintiff apprehends danger to her life in the hands of the defendant. Therefore, the plaintiff is constrained to file this suit.
7)It is further submitted that the suit schedule house property is situate in
Nagalapuram Village within the territorial jurisdiction of this Hon’ble court. The plaintiff though permanent resident of Nagalapuram Village, on account of her husband’s profession she is temporarily living in Bangalore. Therefore, this
Hon’ble court got territorial jurisdiction to entertain the suit since the suit is
filed in time.
8)Though the suit summons received by the defendant from the Hon’ble
Court and through the Registered Post ‘served’ personally, but the defendant is called absent. Service held sufficiently. No representation. Hence the defendant is set ex-parte.
9)To prove the case of plaintiff examined herself as PW1 and got exhibited Ex.A1 to Ex.A5 documents. Ex.A1 is the Registered sale deed
O.S.No.257/20245Dt.03-04-2025.
bearing Doc. No.308/2004, dated 10.06.2004 in favour of plaintiff’s mother,
Ex.A2 is the C.C. of Registered Sale deed bearing Doc.No.533/2006, dated 10.08.2006 in favour of plaintiff’s mother, Ex.A3 is the Will executed by
G.Yellamma, dated 25.09.2024 in favour of plaintiff. Ex.A4 is the Death certificate of plaintiff’s mother, dated 30.09.2024. Ex.A5 is the Valuation
Certificate issued by SRO of Pichatur, dated 02.11.2024 for the schedule property. PW1 also got examined one K.Rupa, who is younger sister of PW1 and G.Gowri, who is one of the attesters of Ex.A3/will as PW2 and PW3.
10)Heard the counsel for plaintiffs. Perused the material on record.
11)Now, the points for determination are:
1) Whether the plaintiff is entitled for permanent injunction, restraining the defendant, his men, agents or anybody on his behalf of from in any way interfering with the plaintiffs’ peaceful possession and enjoyment over the plaint schedule property and in attending for painting and minor repairs of the same in any manner as prayed for?
2) To what relief?
12)POINT NO:1- In order to grant the relief of permanent injunction, the plaintiff has to establish her possession and enjoyment over the plaint schedule property as on the date of filing of the suit, invasion or threat of invasion over her right to an enjoyment over the suit schedule property by the defendant.
13)To prove the possession and enjoyment of the plaintiff, the plaintiff herself examined as P.W.1. The PW1 filed her chief-examination affidavit by reiterating the contents of the plaint and got exhibited Ex.A1 to Ex.A5 documents. Ex.A1 is the Registered sale deed bearing Doc. No.308/2004,
dated 10.06.2004 in favour of plaintiff’s mother, Ex.A2 is the C.C. of
Registered Sale deed bearing Doc.No.533/2006, dated 10.08.2006 in favour of plaintiff’s mother, Ex.A3 is the Will executed by G.Yellamma, dated
O.S.No.257/20246Dt.03-04-2025.
25.09.2024 in favour of plaintiff. Ex.A4 is the Death certificate of plaintiff’s mother, dated 30.09.2024. Ex.A5 is the Valuation Certificate issued by SRO of
Pichatur, dated 02.11.2024 for the schedule property.
14)PW2 filed her chief examination affidavit and stated the facts as similar to the facts stated by PW1. PW2 further deposed that the plaintiff is her elder sister and as such she knows the plaint schedule property and facts of the suit. PW2 further deposed that their mother out of her earnings purchased the plaint schedule property and same was registered on the name of PW1 i.e., house consisting of site and rooms.
15)PW3 filed her chief examination affidavit and stated the facts as similar to the facts stated by PW1. PW3 further deposed that the plaintiff is her sister’s daughter and as such she knows the plaint schedule property and facts of the suit. PW3 further deposed that the defendant is her sister’s son.
Her sister by name G.Yellamma out of her earnings purchased the plaint schedule property and same was given to plaintiff by way of Will on 25.09.2024 which is the last testament executed by her sister G.Yellamma in which she is one of the attesters of the Will (Ex.A3) on the name of plaintiff i.e., house consisting of site and rooms.
16)Though the suit summons received by the defendant from the Hon’ble
Court and through the Registered Post was ‘served’ personally, but the defendant is called absent. No representation. Hence the defendant is set ex-parte. It appears that the defendant has no objection to pass a decree and
Judgment against him for the suit claim. Hence, the evidence of P.W.1 is conclusive proof and Ex.A1 to Ex.A5 documents are remained unchallenged and the claim of plaintiff is proved.
17)This Court relied upon a decision of Hon’ble High Court for the State of
Telangana at Hyderabad in between Vuppalapati Ramesh v. T.Narayan
Reddy reported in 2023 (1) ALT 16 (DB) (TS) wherein the Hon’ble High Court
O.S.No.257/20247Dt.03-04-2025.
held that “Approaching the Court with clean hands – The three main principles which govern the grant or refusal of injunction are (a) prima facie case;
(b) balance of convenience; and, (c) irreparable injury – In grant and refusal of injunction, pleadings and documents play vital role – Only on weighing competing possibilities or probabilities of likelihood of injury, as injunction would be granted – Temporary injunction, being an equitable relief, the discretion to grant such relief will be exercised only when the plaintiff’s conduct is free from blame and he approaches the Court with clean hands –
The conduct of the plaintiffs is not free from suspicion and they did not approach the Court below with clean hands – There is suppression of material facts also – The plaintiffs failed to establish a prima facie case and also the other requirements for granting temporary injunction order in their favour –
When the first factor, namely, prima facie case, which is sine qua non, is not satisfied, it follows that the appellant/plaintiff No.3 is not entitled to the equitable relief of temporary injunction – The Civil Miscellaneous Appeal is lacking merits and is liable to be dismissed.
Quotable points: (1) Principles for granting injunction – The three main principles which govern the grant or refusal of injunction are (a) prima facie case; (b) balance of convenience; and, (c) irreparable injury – In grant and refusal of injunction, pleadings and documents play vital role.
(2) Possibilities for granting injunction – Only on weighing competing possibilities or probabilities of likelihood of injury, an injunction would be granted.
(3) Clean hands – Temporary injunction, being an equitable relief, the discretion to grant such relief will be exercised only when the plaintiff’s conduct is free from blame and he approaches the Court with clean hands.
18)From the above said reasons, this Court holds that the defendant is hereby restrained by way of granting permanent injunction not to interfere with the possession and enjoyment of the plaintiff over the plaint schedule property.
Accordingly, Point No.1 is determined against the defendant and in favour of plaintiff.
O.S.No.257/20248Dt.03-04-2025.
19)POINT No.2: In view of findings in Point No.1, this suit is to be decreed with costs.
In the result, this suit is decreed with costs in favour of the plaintiff against the defendant by granting permanent injunction restraining the defendant, his men, agents or anybody on his behalf of from in any way interfering with the plaintiffs’ peaceful possession and enjoyment over the plaint schedule property and in attending for painting and minor repairs of the same in any manner whatsoever.
Typed to my dictation, by the Stenographer Gr-III, corrected and
pronounced by me in the open court on this 03 rd day of April, 2025.
Sd/- V.Gopala Krishna,
Additional Civil Judge (Jr. Div.), Puttur.
FAC/ Civil Judge (Jr. Div.), Sathyavedu.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Plaintiffs:For Defendant
P.W.1: K. Priya.Set ex-parte. P.W.2: K. Rupa. P.W.3: G.Gowri
DOCUMENTS MARKED
For Plaintiff:
Ex.A1Registered sale deed bearing Doc. No.308/2004, dated 10.06.2004 in : favour of plaintiff’s mother. Ex.A2C.C. of Registered Sale deed bearing Doc.No.533/2006, dated : 10.08.2006 in favour of plaintiff’s mother. Ex.A3Will executed by G.Yellamma, dated 25.09.2024 in favour of plaintiff. : Ex.A4Death certificate of plaintiff’s mother, dated 30.09.2024. :
O.S.No.257/20249Dt.03-04-2025.
Ex.A5Valuation Certificate issued by SRO of Pichatur, dated 02.11.2024 for the : schedule property.
For Defendant:
Nil.
Sd/- V.Gopala Krishna,
Additional Civil Judge (Jr. Div.), Puttur.
FAC/ Civil Judge (Jr. Div.), Sathyavedu.
//True Copy//
AJCJ, PTR,
FAC, JCJ, STVD.
O.S.No.257/202410Dt.03-04-2025.
IN THE COURT OF THE CIVIL JUDGE (JUNIOR DIVISION) AT SATHAVEDU.
Present: Sri V. Gopala Krishna,
Additional Civil Judge (Junior Division),
Puttur. FAC/ Civil Judge (Junior Division), Sathyavedu.
Thursday, the Third (03rd) day of April, 2025.
O. S. N O .257 / 2024.
Between:
K. Priya, Hindu, Age:35 years, W/o K. Munaiah, D.No.4-100, Bramhana Street, Nagalapuram Village and Mandal, Tirupathi District and Temporarily residing at D.No.412, near Fathima masjid, Ambedkar Nagar, Viginapura, Banglore North, Durvani Nagar, Bangalore, Karnataka State.
… Plaintiff.
And
G. Giri Babu, Hindu, Age:32 years, S/o G. Selvam, residing at D.No.4-66, Brahmin Street, Nagalapuram Village and Mandal, Tirupati District. … Defendant.
This is a suit filed by the plaintiff against the defendant with a prayer to pass a decree and Judgment in favour of the plaintiff against the defendant;
(a) by granting permanent injunction restraining the defendant, his men, agents or anybody on his behalf from in any way interfering with the plaintiff’s peaceful possession and enjoyment of the plaint schedule property and in attending for painting and minor repairs of the same; (b) grant costs of the suit; and (c) grant such other and further reliefs meet and just in the circumstances of the case.
PARTICULARS OF VALUATION
Market value of the plaint schedule property as per the certificate, date 02.11.2024 furnished by the SRO, PichaturRs.28,44,600-00 is (Value of the site 179 sq. yards x 2400 = 24,000/- and value for RCC building 1610 sq. fts x 1500 =24,15,000/-) National value for the relief of permanent injunction in respect of plaint schedule property @ 10% of the market Rs.2,84,460-00 value is Court fee paid thereon under Sec.26 (c) of APCF & SV ActRs.5,326-00
O.S.No.257/202411Dt.03-04-2025.
Plaint Presented on: 12.12.2024. Last Represented on : 16.12.2024. Plaint Filed on : 16.12.2024.
The cause of action for the suit arose on 10.06.2004 and 10.08.2006 when the plaintiff’s mother G.Yellamma purchased the suit schedule property with her hard earnings and got constructed the suit schedule residential house property on several dates when the plaintiff attended on her mother’s ill health gave loans to discharge the debts incurred by the defendant and also to purchase gold item etc., and on 25.09.2024 when her mother executed the Will for the schedule property in her favour, on 30.09.2024 when her mother died in the schedule house and thereby she became absolute owner of the schedule residential house and finally on 05.12.2024 at 9.00 AM when the defendant along with his men came to the schedule property and threatened the plaintiff and her two sisters when they were attending to white washing and repairs of the schedule property and continues de-die-in-diem at Nagalapuram Village town where the schedule property is situated within the jurisdiction of this Hon’ble Court.
This suit is came before me on 20.03.2025 for final hearing in the presence of Sri D.Muni Sekhar, Advocate for Plaintiff and the defendant is remained ex-parte, and having been stood over till this day for consideration, this court doth order and decree as follows:
i)that the suit be and the same is hereby decreed with costs in favour of the plaintiff against the defendant by granting permanent injunction restraining the defendant, his men, agents or anybody on his behalf of from in any way interfering with the plaintiffs’ peaceful possession and enjoyment over the plaint schedule property and in attending for painting and minor repairs of the same in any manner whatsoever.
ii)That the defendant do also pay a sum of Rs.7,028/- (Rupees Seven Thousand and Twenty Eight Only) towards costs of the suit.
Given under my hand and the seal of the Court this 03 rd day of April, 2025.
Sd/- V.Gopala Krishna,
Addl.Civil Judge (Jr. Div.), Puttur. FAC Civil Judge (Jr. Div.), Sathyavedu.
O.S.No.257/202412Dt.03-04-2025.
STATEMENT OF COSTS
Sl.NoDescriptionFor PlaintiffFor Defendant .(Rs.)(Rs.) 1Vakalath 2-00 2Stamp on plaint5,326-00 3Pleaders fee1,500-00Set ex-parte. 4Process- 5Writing Charges 100-00 6Typing Charges 100-00 Total7,028-00
Sd/- V.Gopala Krishna,
Addl. Civil Judge (Jr. Div.), Puttur. FAC Civil Judge (Jr. Div.), Sathyavedu.
S C H E D U L E
Tirupathi District, Nagalapuram Mandal and revenue village, village site in Survey No.969/A/33/1, Bramhana Veedhi, Western side in the following.
Item No.1
Old Door NO.4-69 with measurements
East to West – 70 feet. North to South – 15 feet.
Item No.2
Tirupathi District, Nagalapuram Mandal and revenue village, village site in Survey No.969/A/33/1, Bramhana Veedhi, Western side with Old Door No.4-71 with measurements.
East to West – 70 feet. North to South – 08 feet.
Total site admeasuring 23x70 vacant site with residential RCC building bearing new door No.4-100 with all accessories i,e., doors, windows, electricity connections etc., within the following boundaries:-
O.S.No.257/202413Dt.03-04-2025.
East: Bramhana Street. West:Harikanteswaraswamy Gudimanyam. North:House of Radha Krishna. South:House of Radha Krishna.
Sd/- V.Gopala Krishna,
Addl. Civil Judge (Jr. Div.), Puttur. FAC Civil Judge (Jr. Div.), Sathyavedu.
//True Copy//
AJCJ, PTR,
FAC, JCJ, STVD.