Os 58 12(Mv Partition)

7/27/2019 Os 58 12(Mv Partition)

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IN THE COURT OF THE JUNIOR CIVILJUDGE: MADANAPALLE

O.S.NO: /2012

Plaintiff : M. Amaranath

Defendants : 1. Smt. AngajalaChandrakala

2. Angajala Pawan Santhosh,Minor , reptd., by his naturalguardian, next friend, mother , i.e.,1st Defendant3. M.R.Goutham Kumar

PLAINT FILED ON BEHALF OF THE

PLAINTIFF UNDER ORDER VII, RULE 1R/W. SECTION 26: C.P.C.

1. Plaintiff : M. Amaranath, S/o.Ramappa, aged about 34 years, Hindu,

residing at Pamurivaripalle, H/o.Bayyappagari palle village andpost, B. Kothakota Mandal.

The address of the Plaintiff is as statedabove and also care of Sri D.Venkateswar Reddy, Advocate,Madanapalle.

2. Defendant : 1. Smt. AngajalaChandrakala, W/o. late Ramesh Babu, aged

about 33 years, Hindu,2. Angajala Pawan Santhosh, S/o.late Ramesh Babu, aged about 10years, Hindu, Minor , reptd., by his


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natural guardian, next friend,mother , i.e., 1st Defendant,

The Defendants 1 and 2 are residing at

Kolakalooru village and Post, TenaliMandal, Guntur district.

3. M.R.Goutham Kumar, S/o.Miriyala Rammurthy, aged about25 years, Hindu, Business, residingat D.NO:VIII/723, Thotapalem,Chittoor Town, post and District.

The addresses of the Defendants are asstated above for all purposes of process,summons, etc., issued from this Honblecourt.

3. The Plaintiff humbly submits that the

husband of the 1st Defendant and father of

the 2nd Defendant namely late Angajala

Ramesh Babu, and his Parents, Angajala

Sreeramulu and Angajala Eswaramma , hiselder brother namely Angajala Harinath,

and the Defendants 1 and 2 were living

as members of Hindu Joint family for

which, the said Angajala Sreeramulu was

acting as Karta and Manager of the family.

The family of the said Sreeramulu was

possessing landed Property and since the

husband of the 1st Defendant and


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Harinath were not intelligent enough to

deal with either the agriculture or the

affairs of the family, they were simply

living as member of the Joint family and

entire family affairs were being looked

after by the Kartha , A. Sreeramulu.

4. It is humbly submitted that the said A.

Sreeramulu is a retired employee, and he

was drawing attractive salary while he was

in service, and with that, he used to

purchase the Properties from his salary ,

but he used to keep the such Properties in

the name of his sons, out of love and

affection reposed in them. Likewise, the

said Sreeramulu purchased the plaintSchedule Property, i.e., house site plots

laid in Angallu Revenue village

S.NO:345/B4 , Ext.Ac.2-14 cents Paiki Plot

no:17 and 18 within specific boundaries

for Valuable Consideration from its rightful

owners, namely P. Uthanna, P. Mallaiah, P.

Sreenivasulu, P.Shankar under a

Registered sale deed dt:18-05-2000, but


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he kept the sale deed in the name of the

husband of the 1st Defendant namely

Ramesh Babu.

5. It is humbly submitted that after demise

of the said Ramesh Babu,

misunderstandings cropped up between

the said Sreeramulu, Harinath and the

Defendants 1 and 2, and there was a

mediation conducted by the elders and

well wishers of both the parties, according

to which, the Plaint Schedule Property,

i.e., Joint Half share in Plot nos:17 and 18

was allotted to the share of Sreeramulu

and his wife, taking into Consideration of

the fact that the Properties werepurchased by Sreeramulu out of his own

funds, but the sale deed was obtained by

him in the name of Ramesh Babu.

Similarly, the remaining Joint Half share in

Plot nos:17 and 18 , was allotted towards

the share of the Defendants 1 and 2. The

said A. Harinath was allotted different

house site at Angallu pertaining to the


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family. Thus, eversince the said

arrangement, the said Sreeramulu,

Eswaramma and the Defendants 1 and 2

were enjoying their respective Half share

each jointly without any division by metes

and bounds.

6. It is further submitted that the said A.

Sreeramulu and his wife, Eswaramma sold

away their Joint Half share in the plaint

Schedule Property to the Plaintiff for

Valuable Consideration under a

Registered sale deed dt:23-11-2011 and

delivered joint Possession to the Plaintiff

and eversince the date of purchase, the

Plaintiff entered into the steps ofSreeramulu and Eswaramma and has

been in joint Possession and enjoyment of

the suit Property along-with the

Defendants 1 and 2.

7. Whileso, the Defendants 1 and 2 became

greedy and started spreading rumours in

and around the locality that they will


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dispossess the Plaintiff from out of the suit

Property by any means and started

negotiating with third parties to sell away

the entire extent of the suit Property , by

ignoring the right and title of the Plaintiff

to the extent of Half share. Thus, the

Plaintiff felt that it is not safe for him to

keep the Schedule Property joint along-

with the Defendants any more, and

several mediations held in this regard for

amicable Partition, by the Plaintiff with the

Defendants proved to be futile. The 3rd

Defendant is giving out in and around the

locality as if he has entered into some

Agreement with the Defendants 1 and 2 in

respect of the suit Property and trying toput spokes over the right and title of the

Plaintiff in the suit Property, and hence, for

comprehensive adjudication of the matter,

D-3 is impleaded as a formal party to this

suit. Hence, this suit.

8. The cause of action for this suit arose,

when the Plaintiff became entitled to Half


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share in the suit Property by virtue of the

Registered sale deed dt:23-11-2011

executed by Angajala Sreeramulu and

Eswaramma for Valuable Consideration

and was in joint Possession and enjoyment

of the same and when the Defendants 1

and 2 started spreading rumours as if they

are going to execute nominal documents

in favour of D-3 for the suit Property and

when the 3rd Defendant interfered with the

joint enjoyment of the Plaintiff in respect

of his half share in suit Property and when

several demands of the Plaintiff with the

Defendants for amicable division of his

half share by metes and bounds proved to

be futile and at Angallu Revenue villagewhere the suit Property is situate within

the Jurisdiction of this Honble court.

9. Particulars of Valuation:

Market value of the suit Property :

Rs.2,66,000/-

Value of the Plaintiffs Half share:

Rs.1,33,000/-


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3/4th of the same : Rs.99,750/-

The value of the suit for purpose of court

fee and Jurisdiction is Rs.99,750/- and

a

court fee of Rs. /- paid under S.34(2)

of A.P.C.F.Act.

10.PRAYER: It is therefore most humbly

prayed that the Hon'ble court may be

pleased to pass a Preliminary Decree and

Judgment in favour of the Plaintiff and

against the Defendants:

a) directing the Defendants to divide the

suit Property into two equal shares after

considering good and bad of soil, etc., and

put the Plaintiff in separate Possession ofone such share after division by metes

and bounds , within the time fixed by this

Honble court, failing which, the same be

done through process of law;

b) Award the costs of the suit; and

c) Pass such other or further reliefs as thisHon'ble court deems fit and proper undercircumstances of the case, in the interestof justice.


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Counsel for the Plaintiff

PlaintiffThe facts stated above are all read overand explained to me in Telugu andadmitted herein to be true and correct tothe best of my knowledge, belief andinformation.

Madanapalle,Plaintiff

Dt:S C H E D U L E

Chittoor district Madanapalle Sub-DistrictKurabalakota Mandal- Angallu PanchayathLandsituate in the House Plots laid in Angallu Revenuevillage bearingSircar Dry S.NO;345/B4 Ext.Ac.2-14

cents Paiki

The site situate in Plot nos:17 and 18

Bounded on:East: 15 feet width Road;West : House of third parties in Plot no:23, 24;

North : 20 feet width road;South : vacant site in Plot no:19;Within these boundaries ,East-west on northern side: 33 ft or 10.06 mtsEast-west on southern side: 32 ft and 10 inches or 10.00mtsNorth-south on Eastern side:72 ft or 21.96 mts;North-south on Eastern side:73 ft or 22.26 mts;

Total: 265.14 sq. yards

Counsel for the PlaintiffPlaintiff

VerificationThe facts stated above are all read overand explained to me in Telugu and


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admitted herein to be true and correct tothe best of my knowledge, belief andinformation.


Dt:List of Documents:1. 23-11-2011 : Original Registered sale

deed executed by AngajalaSreeramulu and his wife,Eswaramma in favour of thePlaintiff.


O.S.NO: /2012



2. Angajala Pawan Santhosh,Minor , reptd., by his naturalguardian, next friend, mother , i.e.,1st Defendant3. M.R.Goutham Kumar

DUPLICATE PLAINT FILED ON BEHALF OFTHE PLAINTIFF UNDER ORDER IV, RULE

1: C.P.C.1. Plaintiff : M. Amaranath, S/o.Ramappa, aged about 34 years, Hindu,



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The address of the Plaintiff is as statedabove and also care of Sri D.

Venkateswar Reddy, Advocate,Madanapalle.

2. Defendant : 1. Smt. AngajalaChandrakala, W/o. late Ramesh Babu, aged

about 33 years, Hindu,2. Angajala Pawan Santhosh, S/o.late Ramesh Babu, aged about 10years, Hindu, Minor , reptd., by hisnatural guardian, next friend,mother , i.e., 1st Defendant,

The Defendants 1 and 2 are residing atKolakalooru village and Post, Tenali

Mandal, Guntur district.3. M.R.Goutham Kumar, S/o.Miriyala Rammurthy, aged about25 years, Hindu, Business, residingat D.NO:VIII/723, Thotapalem,Chittoor Town, post and District.

The addresses of the Defendants are asstated above for all purposes of process,summons, etc., issued from this Honblecourt.

3. The Plaintiff humbly submits that the

husband of the 1st Defendant and father of

the 2nd Defendant namely late Angajala

Ramesh Babu, and his Parents, Angajala

Sreeramulu and Angajala Eswaramma , his


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elder brother namely Angajala Harinath,

and the Defendants 1 and 2 were living

as members of Hindu Joint family for

which, the said Angajala Sreeramulu was

acting as Karta and Manager of the family.

The family of the said Sreeramulu was









4. It is humbly submitted that the said A.Sreeramulu is a retired employee, and he







said Sreeramulu purchased the plaint


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Schedule Property, i.e., house site plots










Ramesh Babu.




the said Sreeramulu, Harinath and theDefendants 1 and 2, and there was a







the fact that the Properties were


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purchased by Sreeramulu out of his own













and bounds.

6. It is further submitted that the said A.Sreeramulu and his wife, Eswaramma sold


Schedule Property to the Plaintiff for

Valuable Consideration under a

Registered sale deed dt:23-11-2011 and

delivered joint Possession to the Plaintiff

and eversince the date of purchase, the

Plaintiff entered into the steps of


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Sreeramulu and Eswaramma and has



Defendants 1 and 2.




dispossess the Plaintiff from out of the suit




ignoring the right and title of the Plaintiff

to the extent of Half share. Thus, the

Plaintiff felt that it is not safe for him to

keep the Schedule Property joint along-with the Defendants any more, and

several mediations held in this regard for

amicable Partition, by the Plaintiff with the





respect of the suit Property and trying to


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put spokes over the right and title of the

Plaintiff in the suit Property, and hence, for




8. The cause of action for this suit arose,

when the Plaintiff became entitled to Half

share in the suit Property by virtue of the

Registered sale deed dt:23-11-2011

executed by Angajala Sreeramulu and

Eswaramma for Valuable Consideration

and was in joint Possession and enjoyment

of the same and when the Defendants 1

and 2 started spreading rumours as if they

are going to execute nominal documentsin favour of D-3 for the suit Property and

when the 3rd Defendant interfered with the

joint enjoyment of the Plaintiff in respect

of his half share in suit Property and when

several demands of the Plaintiff with the

Defendants for amicable division of his

half share by metes and bounds proved to

be futile and at Angallu Revenue village


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where the suit Property is situate within

the Jurisdiction of this Honble court.

9. Particulars of Valuation:

Market value of the suit Property :

Rs.2,66,000/-

Value of the Plaintiffs Half share:

Rs.1,33,000/-

3/4th of the same : Rs.99,750/-

The value of the suit for purpose of court

fee and Jurisdiction is Rs.99,750/- and

a

court fee of Rs. /- paid under S.34(2)

of A.P.C.F.Act.

10.PRAYER: It is therefore most humblyprayed that the Hon'ble court may be

pleased to pass a Preliminary Decree and

Judgment in favour of the Plaintiff and

against the Defendants:

a) directing the Defendants to divide the

suit Property into two equal shares after

considering good and bad of soil, etc., and

put the Plaintiff in separate Possession of


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one such share after division by metes

and bounds , within the time fixed by this

Honble court, failing which, the same be

done through process of law;

b) Award the costs of the suit; and

c) Pass such other or further reliefs as thisHon'ble court deems fit and proper under

circumstances of the case, in the interestof justice.


The facts stated above are all read over

and explained to me in Telugu andadmitted herein to be true and correct tothe best of my knowledge, belief andinformation.


Dt:S C H E D U L E

Chittoor district Madanapalle Sub-DistrictKurabalakota Mandal- Angallu PanchayathLandsituate in the House Plots laid in Angallu Revenuevillage bearingSircar Dry S.NO;345/B4 Ext.Ac.2-14

cents PaikiThe site situate in Plot nos:17 and 18

Bounded on:East: 15 feet width Road;West : House of third parties in Plot no:23, 24;North : 20 feet width road;


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South : vacant site in Plot no:19;Within these boundaries ,East-west on northern side: 33 ft or 10.06 mtsEast-west on southern side: 32 ft and 10 inches or 10.00

mtsNorth-south on Eastern side:72 ft or 21.96 mts;North-south on Eastern side:73 ft or 22.26 mts;



Verification

The facts stated above are all read overand explained to me in Telugu andadmitted herein to be true and correct tothe best of my knowledge, belief andinformation.

Madanapalle,

PlaintiffDt:List of Documents:1. 23-11-2011 : Original Registered sale

deed executed by AngajalaSreeramulu and his wife,Eswaramma in favour of the

Plaintiff.IN THE COURT OF THE JUNIOR CIVIL

JUDGE: MADANAPALLE

O.S.NO: /2012



2. Angajala Pawan Santhosh,Minor , reptd., by his natural


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guardian, next friend, mother , i.e.,1st Defendant3. M.R.Goutham Kumar

Affidavit of the Plaintiff Filed U/s.26(2) :C.P.C.

I, M. Amaranath, S/o. Ramappa, agedabout 34 years, Hindu, residing atPamurivaripalle, H/o. Bayyappagari pallevillage and post, B. Kothakota Mandal,do hereby solemnly affirm and state asfollows:1. I am the Plaintiff in the above suit andDeponent herein.

2. I submit that I have filed the above suit for

Partition and separate Possession of my

Half share in the suit Property with metes

and bounds and for other reliefs and the

Plaint pleadings may kindly be read as

part and parcel of this affidavit for allmaterial purposes.

3. I submit that the husband of the 1st

Defendant and father of the 2nd Defendant

namely late Angajala Ramesh Babu, and

his Parents, Angajala Sreeramulu and

Angajala Eswaramma , his elder brother

namely Angajala Harinath, and the

Defendants 1 and 2 were living as


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members of Hindu Joint family for which,

the said Angajala Sreeramulu was acting

as Karta and Manager of the family. The

family of the said Sreeramulu was









4. It is humbly submitted that the said A.

Sreeramulu is a retired employee, and he

was drawing attractive salary while he wasin service, and with that, he used to









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Ramesh Babu.




the said Sreeramulu, Harinath and the

Defendants 1 and 2, and there was a

mediation conducted by the elders andwell wishers of both the parties, according









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and bounds.

6. It is further submitted that the said A.

Sreeramulu and his wife, Eswaramma sold

away their Joint Half share in the plaintSchedule Property to me for Valuable

Consideration under a Registered sale

deed dt:23-11-2011 and delivered joint

Possession to me and eversince the date

of purchase, I entered into the steps of

Sreeramulu and Eswaramma and have



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Defendants 1 and 2.




dispossess me from out of the suit




ignoring my right and title to the extent of

Half share. Thus, I felt that it is not safe

for him to keep the Schedule Property

joint along-with the Defendants any more,

and several mediations held in this regard

for amicable Partition, by me with theDefendants proved to be futile. The 3rd





put spokes over my right and title in the

suit Property, and hence, for



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PRAYER: It is therefore most humblyprayed that the Hon'ble court may bepleased to pass a Preliminary Decree and

Judgment in my favour and against theDefendants by directing the Defendants to

divide the suit Property into two equalshares after considering good and bad ofsoil, etc., and put me in separatePossession of one such share after divisionby metes and bounds , within the timefixed by this Honble court, failing which,the same be done through process of law;Award the costs of the suit; and Pass suchother or further reliefs as this Hon'blecourt deems fit and proper undercircumstances of the case, in the interestof justice.

DeponentSolemnly affirmed and signed before me

on at Madanapalle.

AdvocateIN THE COURT OF THE JUNIOR CIVIL

JUDGE: MADANAPALLE

O.S.NO: /2012



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2. Angajala Pawan Santhosh,

Minor , reptd., by his naturalguardian, next friend, mother , i.e.,1st Defendant3. M.R.Goutham Kumar

Affidavit of the PlaintiffI, M. Amaranath, S/o. Ramappa, agedabout 34 years, Hindu, residing atPamurivaripalle, H/o. Bayyappagari pallevillage and post, B. Kothakota Mandal,do hereby solemnly affirm and state asfollows:1. I am the Plaintiff in the above suit and

Deponent herein.

2. I submit that I have filed the above suit for

Partition and separate Possession of my

Half share in the suit Property with metes

and bounds and for other reliefs and thePlaint pleadings may kindly be read as

part and parcel of this affidavit for all

material purposes.

3. I submit that the husband of the 1st

Defendant and father of the 2nd Defendant

namely late Angajala Ramesh Babu, and

his Parents, Angajala Sreeramulu and

Angajala Eswaramma , his elder brother


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namely Angajala Harinath, and the

Defendants 1 and 2 were living as

members of Hindu Joint family for which,

the said Angajala Sreeramulu was acting

as Karta and Manager of the family. The

family of the said Sreeramulu was









4. It is humbly submitted that the said A.Sreeramulu is a retired employee, and he









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Ramesh Babu.




the said Sreeramulu, Harinath and theDefendants 1 and 2, and there was a









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and bounds.

6. It is further submitted that the said A.Sreeramulu and his wife, Eswaramma sold


Schedule Property to me for Valuable

Consideration under a Registered sale

deed dt:23-11-2011 and delivered joint

Possession to me and eversince the date

of purchase, I entered into the steps of

Sreeramulu and Eswaramma and have


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Defendants 1 and 2.




dispossess me from out of the suit




ignoring my right and title to the extent of

Half share. Thus, I felt that it is not safe

for him to keep the Schedule Property

joint along-with the Defendants any more,

and several mediations held in this regardfor amicable Partition, by me with the






put spokes over my right and title in the

suit Property, and hence, for


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8. I submit that the Defendants 1 and 2 are

seriously making negotiations with the 3rd

Defendant and others to create nominal

and spurious documents in respect of the

suit Property ignoring my right towards

Half share and they are in a hurry to go for

registration within a day or two. If the

Defendants succeed in their unlawful

attempts , my Valuable rights over the suit

Property will be at stake. Thus, there is

any amount of urgency in the matter and

hence, this petition.

9. I have got prima facie case and thebalance of convenience is in my favour. If

the Defendants are not restrained from

alienating the suit Property by way of

Injunction, I will suffer irreparable loss and

serious hardship.

10. It is therefore most humbly prayed that

the Hon'ble court may be pleased to

RESTRAIN the Defendants 1 and 2 from


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I.A.NO; /2012O.S.NO: /2012

Petitioner/Plaintiff : M. Amaranath, S/o. Ramappa,aged about 34 years, Hindu,


Respondents/Defendants : 1. Smt. AngajalaChandrakala, W/o. late Ramesh Babu, aged

about 33 years, Hindu,2. Angajala Pawan Santhosh, S/o.late Ramesh Babu, aged about 10years, Hindu, Minor , reptd., by hisnatural guardian, next friend,

mother , i.e., 1st

Defendant,The Defendants 1 and 2 are residing atKolakalooru village and Post, TenaliMandal, Guntur district.

3. M.R.Goutham Kumar, S/o.Miriyala Rammurthy, aged about


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25 years, Hindu, Business, residingat D.NO:VIII/723, Thotapalem,Chittoor Town, post and District.

PETITION FILED ON BEHALF OF THEPETITIONER / PLAINTIFF UNDER ORDER

39, RULE 1 R/W. S.151, 94(e): C.P.C.That for the reasons stated in the enclosed

affidavit, it is therefore most humbly

prayed that the Hon'ble court may be

pleased to RESTRAIN the Defendants 1

and 2 from alienating the suit Property

either in favour of 3rd Defendant or

anybody, by way of grant of TEMPORARY

INJUNCTION, till the disposal of the suit, in

the interest of justice. Or else, the

Petitioner will be put to irreparable loss

and serious hardship.

Madanapalle, counsel for

the Petitioner/ Plaintiff

Dt:

S C H E D U L EChittoor district Madanapalle Sub-DistrictKurabalakota Mandal- Angallu PanchayathLandsituate in the House Plots laid in Angallu Revenuevillage bearingSircar Dry S.NO;345/B4 Ext.Ac.2-14

cents Paiki


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The site situate in Plot nos:17 and 18

Bounded on:East: 15 feet width Road;

West : House of third parties in Plot no:23, 24;North : 20 feet width road;South : vacant site in Plot no:19;Within these boundaries ,East-west on northern side: 33 ft or 10.06 mtsEast-west on southern side: 32 ft and 10 inches or 10.00mtsNorth-south on Eastern side:72 ft or 21.96 mts;North-south on Eastern side:73 ft or 22.26 mts;


Counsel for the Petitioner/ Plaintiff


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IN THE COURT OF THE 1ST

ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE

O.S.NO:58/2012


Defendants : Smt. Angajala Chandrakala & Others.

Affidavit of the Plaintiff

I, M. Amaranath, S/o. Ramappa, aged about 34 years, Hindu, residing at

Pamurivaripalle, H/o. Bayyappagari palle village and post, B. Kothakota Mandal, do

hereby solemnly affirm and state as follows:

1. I am the Plaintiff in the above suit and Deponent herein.

2. I submit that I have filed the above suit for Partition and separate Possession of

my Half share in the suit Property with metes and bounds and for other reliefs

and the Plaint pleadings may kindly be read as part and parcel of this affidavit for

all material purposes.

3. I submit that I have paid batta for issuance of summons from this Honble court

to the Defendants, but the Defendants inspite of their availability in the address

shown in the cause title, are intentionally evading to receive the same with

ulterior motives to protract the Proceedings. If the Defendants succeed in their

unlawful attempts, I will suffer irreparable loss and serious hardship. Thus, to

avoid unnecessary delay in the matter, I am advised to file this petition.

4. It is therefore most humbly prayed that the Hon'ble court may be pleased to order

for SUBSTITUTED SERVICE of summons to the Defendants in the above matter by

way of Publication in any telugu daily new paper, preferably in PRAJA SAKTHI

Telugu daily news paper, for the above submitted reasons, in the interest of

justice. Or else, I will suffer irreparable loss and serious hardship.


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Deponent

Solemnly affirmed and signed before me on at Madanapalle

Advocate

IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE

I.A.NO: /2012

O.S.NO:58/2012

Petitioner/Plaintiff : M. Amaranath

Respondents/

Defendants : 1. Smt. Angajala Chandrakala

2. Angajala Pawan Santhosh, Minor , reptd., by his naturalguardian, next friend, mother , i.e., 1

stDefendant

3. M.R.Goutham Kumar

PETITION FILED ON BEHALF OF THE PETITIONR/ PLAINTIFF UNDER ORDER V, RULE

20: C.P.C.

That for the reasons stated in the enclosed affidavit, it is therefore most humbly

prayed that the Hon'ble court may be pleased to order for SUBSTITUTED SERVICE

of summons to the Defendants in the above matter by way of Publication in any

telugu daily new paper, preferably in PRAJA SAKTHI Telugu daily news paper, in

the interest of justice. Or else, the Petitioner will suffer irreparable loss and

serious hardship.

Madanapalle, counsel for the Petitioner/ Plaintiff

Dt:22-11-2012