Filing suit partition &seperate identification share

IN THE COURT OF THE PRINCIPAL CIVIL JUDGE (SENIOR DIVISION)
AT BALLARI
O.S. No. ____ / 2026
BETWEEN:
Smt. Grace Vidyavathi,
W/o Late Paul Sampath Kumar Sumitra @ Paul S. Sumitra,
Aged about ___ years,
Residing at ______________________,
Bengaluru – ______.
… PLAINTIFF
AND:
The Legal Heirs of Late Edwin Vasantha Kumar,
All are Christians,
Residing at United States of America.
Smt. Margret Aruna,
W/o Late David Sukumar,
Aged about ___ years,
Presently in coma / unconscious condition,
Represented by her daughter and next friend
Smt. Grace Shilpa Sumitra,
Residing at United States of America.
Sri John V. Sumitra,
S/o ____________,
Aged about ___ years,
Presently hospitalised and in coma / unconscious condition,
Represented by his daughter and next friend
Ms. Sitra Sumitra, Advocate,
Residing at United Kingdom.
Smt. Lindsey,
D/o / Daughter-in-law of Late John K. Sumitra @ Joshua K. Sumitra,
Aged about ___ years,
Residing at United States of America.
The Legal Heirs of Late Abraham Prasanna Kumar,
Who died unmarried and intestate on 02-04-2002,
All are Christians,
Residing at ____________________.
… DEFENDANTS
PLAINT
1. Locus and Maintainability
The plaintiff submits that she is one of the joint owners of the suit schedule property and is competent and legally entitled to institute the present suit for partition and other consequential reliefs. The suit is bona fide, maintainable in law and filed to protect the plaintiff’s lawful rights and interests.
2. Acquisition and Root of Title
The suit schedule property originally stood in the name of Late Smt. Daisy Ambuja Sumitra, as per a Family Partition Agreement dated 18-01-1967, followed by Patta Mutation Order No. 131/70-71/B3 dated 16-01-1971, issued by the Tahsildar, Bellary.
Subsequently, the said property was incorporated in the City Survey Records vide Mutation R.V. No. 608/77-78 dated 29-06-1978, and Property Card No. AF 4852, maintained by the Assistant Director of Land Records (ADLR), Bellary.
3. Joint Ownership as per ADLR Records
The Property Declaration issued by the ADLR, Bellary, dated 16-04-1987, records the land situated in Ward No. 15, Block No. 14, City Survey No. 608/B, measuring 26,845 sq. ft. (61.6 cents), as a joint ownership property in the names of the following persons:
Edwin Vasantha Kumar
David S. Sumitra
John V. Sumitra
Paul S. Sumitra
John K. Sumitra @ Joshua K. Sumitra
Abraham Prasanna Kumar
All the above persons are Christians.
4. Devolution of Share of Abraham Prasanna Kumar
Late Abraham Prasanna Kumar died intestate on 02-04-2002, unmarried and without leaving any legal heirs. Upon his demise, his undivided share in the suit schedule property devolved equally upon the surviving joint owners, namely Sl. Nos. 1 to 5 above, in accordance with law. The revenue and city survey records continued to reflect the property as joint.
5. Succession under Christian Law
The plaintiff submits that all parties are Christians and succession to the shares of deceased co-owners is governed by the Indian Succession Act, 1925. There is no concept of survivorship, and each party holds only an undivided share until partition.
6. Exclusive Possession of Plaintiff
The suit schedule property is a vacant land, and the plaintiff alone is in actual, physical, continuous and exclusive possession and enjoyment of the same for several years. The plaintiff has been protecting and maintaining the property, while the other co-owners and their legal heirs are residing abroad or are incapacitated. The plaintiff’s possession has never been objected to by any of the defendants.
7. No Prior Partition
The suit schedule property has never been partitioned by metes and bounds either privately or through court, nor has any subdivision taken place. All parties continue to hold undivided shares.
8. Impracticability of Physical Partition
Considering the nature, location and extent of the suit schedule property, coupled with the residence of defendants outside India and incapacity of some co-owners, physical partition is impracticable and inequitable, thereby necessitating adjudication by this Hon’ble Court.
9. Cause of Action
The cause of action arose at Ballari, where the suit schedule property is situated, when disputes arose regarding enjoyment and disposal of the joint property, and continues from day to day.
10. Jurisdiction
The suit schedule property is situated within the territorial jurisdiction of this Hon’ble Court, and hence this Court has jurisdiction to try the suit.
11. Valuation and Court Fee
The suit is valued for the purpose of court fee and jurisdiction under the Karnataka Court Fees and Suits Valuation Act, and the requisite court fee is paid.
12. Liberty to Seek Final Decree by Compromise
The plaintiff reserves her right to seek appropriate reliefs, including a final decree based on any lawful compromise that may be entered into between the parties during the pendency of the suit, subject to approval of this Hon’ble Court.
PRAYER
Wherefore, the plaintiff prays that this Hon’ble Court may be pleased to:
a) Declare the respective shares of the plaintiff and defendants in the suit schedule property;
b) Pass a preliminary decree for partition of the suit schedule property;
c) Pass a final decree in accordance with law, including allotment of the suit schedule property to the plaintiff upon recording any lawful compromise;
d) Grant permanent injunction restraining the defendants or anyone claiming through them from interfering with the plaintiff’s peaceful possession and enjoyment of the suit schedule property;
e) Grant such other reliefs as this Hon’ble Court deems fit.
SCHEDULE OF PROPERTY
All that piece and parcel of the vacant land situated at Bellary District, Bellary Sub-Division, Bellary City, within Ward No. 15, Block No. 14, Ananthapur Road, Bellary Town, bearing City Survey No. 608/B, measuring an extent of 26,845 sq. ft. (61.6 cents), and bounded by:
East : Property bearing Survey No. 608/C
West : Property bearing Survey No. 608/A
North : Ananthapur Road
South : Property bearing Survey No. 623
Place: Ballari
Date: ___ / ___ / 2026
PLAINTIFF
Kindly verify please any addition or deletion may please be suggested sir🙏