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 may also be served through their
Counsel Sri N. Sridhara babu Advocate, Legal
documentations, G.K. Road, K.R.Extension, Tumkur-
572101. email: adv_sbn@aol.in
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 very good case to defend any such
possible legal attack by way of suit. The
respondents intend to take 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 file a Suit for Injunction
restraining the 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 Voucher for having issued the

aforesaid notice 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 an opportunity of hearing the Caveators
before granting any ex-parte interim 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 number 834/834/1342/5, MEASURING
65+56.3/2 x 42 comes under the Jurisdiction of
Shivamoga District, Shivamoga TALUK, Shivamoga Town
th
11 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 District, Shivamoga TALUK, Shivamoga Town
th
11 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 : Dr S.V. Venkataramanaiah’s wife

Rukminamma’s land
West by : Sri C.D. Bakin’s and Sri G.N.
Dwarki girimaji Rao’s house
North by : C. Narayanachar’s siblings land
South by : Municipal Road

PLACE : SHIVMOGA CAVEATOR

DATED:

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 MURTHY CHAKRAVARTHY SWAMIJI AND
ANOTHER 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 MURTHY CHAKRAVARTHY SWAMIJI AND
ANOTHER 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 G.K.Road, K.R.Extension

DATE: Tumkur- 572101
Email: adv_sbn@aol.in
 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 Hon’ble

court to issue summons to caveator if any
application/suit filed by respondents in the due
course of time. Necessary process fee of Rs 8-00
is herewith produced.

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