Suit for Partition of Immovable Property

Suit for Partition of Immovable Property

Suit for Partition of Immovable Property is a civil proceeding instituted by a coparcener when a property dispute arises in the family or when there is the absence of mutual consent among the co-owners of the real estate in the sale or partition of the property. This suit is initiated only when the legal notice of partition has been disregarded by the other co-owners and the dispute continues.

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PLAINT

BEFORE THE HON’BLE COURT OF CIVIL JUDGE SENIOR DIVISION AT OSMANABAD

R.C.S. No.           /2022

Balaji N.M,  …Plaintiff

Versus

Namdev M.M. & Ors. ….Defendants

Claim: –     Suit for partition and separate possession to the extent of 1/6th share in respect of land Gat No. 27 Adm. 0 H. 60 R., Gat No. 58 Adm. 1 H. 82 R., Gat No. 111 Adm. 81 R., Gat No. 112 Adm. 3 H. 94 R. and Gat No. 462 Adm. 0 H. 78 R. situated at village Wadi (Bamni), Tq. & Dist. Osmanabad.

Valuation: –     Rs. 357/-

Court Fees: –     Rs. 200/-

In the above matter the plaintiff most humbly submits under as;

MAY IT PLEASE YOUR HONOUR

1)      That the description of the agricultural land Gat No. 2XX Adm. 0 H. 60R., consisting of one bore-well bounded to the east road, to the west land of Rupesh Datta Pawar, to the south land of Vikas Pawar and to the north government road. Gat No. 5X Adm. 1 H. 82 R. bounded to the east land of Nitin and Suresh s/o Subhash Pawar, to the west Dharur Shiv rasta, to the south land of Mahesh Annarao Torambkar and to the north land of Shivaji Namdev Jagtap, Gat No. 1X1 Adm. 0 H. 81 R. bounded to the east land. Gat No. 1A2 in the name of defendant no. 2 to the west land of Radhabai Goroba Bangale and others, to the south land Gat No. 112 in the name of defendant no. 2, to the north land of Sheela Rajendra Jadhav. Gat No. 1X2 Adm. 3 H. 94 R. bounded to the east land of Vithal Narawade, to the west land of Mahesh Shinde and others, to the south land of Vithal Gawali and to the north land of Sheela Jadhav. Gat No. 4Y2 Adm. 0 H. 78 R. bounded to the east land of Kisan Shankar Thite, to the south land of Rajendra, Balaji, Vikas Manik Pawar and to the north land of Vikas Sambhaji Pawar situated at village Wadi (Bamni) Tq. & Dist. Osmanabad is here in called as suit properties.

2)      That the plaintiff is the son of defendants nos. 1 and 2 while defendant nos. 3 to 5 are sisters inter se and sisters of the plaintiff and daughters of defendant nos. 1 and 2.

3)     That as stated above, the suit property is the ancestral property of the plaintiff and defendants. The defendant nos. 3 to 4 are married while defendant no. 5 is unmarried.

4)      That as stated above the suit property is ancestral and that moving property of the plaintiff and defendants. The land Gat No. 27, 58, 11 and 462 are standing in the name of defendant no. 1 while the land Gat No. 112 is standing in the name of defendant no. 4. The suit properties are recorded in the name of defendant nos. 1 and 2 and there is no partition has been taken place between the plaintiff and these defendants by metes and bounds. Therefore, the plaintiff demanded his 1/6th share in the suit properties from the defendants but the defendants on one and other pretexts avoided giving 1/6th share to the plaintiff, therefore, the plaintiff lastly on 30/07/2022 demanded his 1/6th share in the suit property to the defendants by metes and bounds but these defendants refused and denied the request of the plaintiff, hence the cause of action arose on the plaintiff to file the present suit. The date of cause of action is the date when these defendants denied the request of the plaintiff to give 1/6th share in the suit properties to the plaintiff which arose on 30/07/2022.

5)      That the plaintiff has filed the present suit for partition and separate possession. The plaintiff values the suit for jurisdiction to 400 times of the plaintiffs’ 1/6th share of total land revenue which comes to 1784 and for purpose of court fees to 80 times of land revenue which comes to Rs. 357 on which the fixed court fees Rs. 200 is paid which is sufficient to the entertain the present suit.

6)      That considering the residence of the parties and considering the cause of action this Hon’ble Court has got this jurisdiction to entertain the present suit.

HENCE IT IS PRAYED

That the suit of the plaintiff may kindly be decreed as under;

a)      That the decree for the partition and separate possession may kindly be passed to the extent of plaintiffs’ 1/6th share in respect of suit properties bearing agricultural land Gat No. 2XX Adm. 0 H. 60R., consisting of one bore-well bounded to the east road, to the west land of Rupesh Datta Pawar, to the south land of Vikas Pawar and to the north government road. Gat No. 5X Adm. 1 H. 82 R. bounded to the east land of Nitin and Suresh s/o Subhash Pawar, to the west Dharur Shiv rasta, to the south land of Mahesh Annarao Torambkar and to the north land of Shivaji Namdev Jagtap, Gat No. 1X1 Adm. 0 H. 81 R. bounded to the east land. Gat No. 1A2 in the name of defendant no. 2 to the west land of Radhabai Goroba Bangale and others, to the south land Gat No. 112 in the name of defendant no. 2, to the north land of Sheela Rajendra Jadhav. Gat No. 1X2 Adm. 3 H. 94 R. bounded to the east land of Vithal Narawade, to the west land of Mahesh Shinde and others, to the south land of Vithal Gawali and to the north land of Sheela Jadhav. Gat No. 4Y2 Adm. 0 H. 78 R. bounded to the east land of Kisan Shankar Thite, to the south land of Rajendra, Balaji, Vikas Manik Pawar and to the north land of Vikas Sambhaji Pawar situated at village Wadi (Bamni) Tq. & Dist. Osmanabad.

b)      That the decree sends to the collector u/s. 54 of the Civil Procedure Code, 1908 for partition and separate possession.

c) That any other relief to which the plaintiff is legally and equitably entitled to the given.

Date:      /08/2022.                                                                            Plaintiff

Place: Osmanabad.

                                                          Balaji

VERIFICATION

    I, Balaji s/o N.M., Age: 39 years, Occ. Agri & Service, R/o. Wadi (Bamni), Tq. & Dist. Osmanabad does hereby state on oath that the contents of the above plaint are true and correct to the best of my knowledge and belief and the same is explained to me in my mother-tongue language Marathi and the same is true and correct. Hence verified today at Osmanabad.

Date:      /08/2022.                                                                           Plaintiff

Place: Osmanabad.

                                                            Balaji

Through,

 

Adv. A. C. S.,                                                   Osmanabad.

Click here to download suit for partition pdf of immovable property