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IN THE COURT OF THE JUNIOR CIVIL JUDGE: MADANAPALLE O.S.

NO: Plaintiff : /2012

M. Amaranath

Defendants : 1. Smt. Angajala Chandrakala 2. Angajala Pawan Santhosh, Minor , reptd., by his natural guardian, next friend, mother , i.e., 1st Defendant 3. M.R.Goutham Kumar PLAINT FILED ON BEHALF OF THE PLAINTIFF UNDER ORDER VII, RULE 1 R/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 and post, B. Kothakota Mandal. The address of the Plaintiff is as stated above and also care of Sri D. Venkateswar Reddy, Advocate, Madanapalle. 2. Defendant : 1. Smt. Angajala Chandrakala, W/o. late Ramesh Babu, aged about 33 years, Hindu, 2. Angajala Pawan Santhosh, S/o. late Ramesh Babu, aged about 10 years, Hindu, Minor , reptd., by his

natural guardian, next friend, mother , i.e., 1st Defendant, The Defendants 1 and 2 are residing at Kolakalooru village and Post, Tenali Mandal, Guntur district. 3. M.R.Goutham Kumar, S/o. Miriyala Rammurthy, aged about 25 years, Hindu, Business, residing at D.NO:VIII/723, Thotapalem, Chittoor Town, post and District. The addresses of the Defendants are as stated above for all purposes of process, summons, etc., issued from this Honble court. 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 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 possessing landed Property and since the husband of the 1st Defendant and

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, said Sreeramulu laid in out of love and Likewise, the the plaint village affection reposed in them.

purchased

Schedule Property, i.e., house site plots Angallu Revenue 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

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 were purchased 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

family.

Thus, the

eversince said

the

said

arrangement,

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 and into the steps and of has the Sreeramulu the suit Eswaramma

been in joint Possession and enjoyment of Property along-with 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

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 alongwith 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 to put 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

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 village 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. 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 of 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 this Hon'ble court deems fit and proper under circumstances of the case, in the interest of justice. /- paid under S.34(2)

Counsel for the Plaintiff Plaintiff The facts stated above are all read over and explained to me in Telugu and admitted herein to be true and correct to the best of my knowledge, belief and information. Madanapalle, Plaintiff Dt:
SCHEDULE Chittoor district Madanapalle Sub-District Kurabalakota Mandal- Angallu PanchayathLand situate in the House Plots laid in Angallu Revenue village bearing Sircar 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 mts East-west on southern side: 32 ft and 10 inches or 10.00 mts North-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 Plaintiff Plaintiff

Verification The facts stated above are all read over and explained to me in Telugu and

admitted herein to be true and correct to the best of my knowledge, belief and information. Madanapalle, Plaintiff Dt: List of Documents: 1. 23-11-2011 : Original Registered sale deed executed by Angajala Sreeramulu and his wife, Eswaramma in favour of the Plaintiff. IN THE COURT OF THE JUNIOR CIVIL JUDGE: MADANAPALLE O.S.NO: Plaintiff : /2012

M. Amaranath

Defendants : 1. Smt. Angajala Chandrakala 2. Angajala Pawan Santhosh, Minor , reptd., by his natural guardian, next friend, mother , i.e., 1st Defendant 3. M.R.Goutham Kumar DUPLICATE PLAINT FILED ON BEHALF OF THE PLAINTIFF UNDER ORDER IV, RULE 1: C.P.C. 1. Plaintiff : M. Amaranath, S/o. Ramappa, aged about 34 years, Hindu, residing at Pamurivaripalle, H/o. Bayyappagari palle village and post, B. Kothakota Mandal.

The address of the Plaintiff is as stated above and also care of Sri D. Venkateswar Reddy, Advocate, Madanapalle. 2. Defendant : 1. Smt. Angajala Chandrakala, W/o. late Ramesh Babu, aged about 33 years, Hindu, 2. Angajala Pawan Santhosh, S/o. late Ramesh Babu, aged about 10 years, Hindu, Minor , reptd., by his natural guardian, next friend, mother , i.e., 1st Defendant, The Defendants 1 and 2 are residing at Kolakalooru village and Post, Tenali Mandal, Guntur district. 3. M.R.Goutham Kumar, S/o. Miriyala Rammurthy, aged about 25 years, Hindu, Business, residing at D.NO:VIII/723, Thotapalem, Chittoor Town, post and District. The addresses of the Defendants are as stated above for all purposes of process, summons, etc., issued from this Honble court. 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

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 possessing landed Property and since the husband of the 1st Defendant and 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, said Sreeramulu out of love and Likewise, the the plaint affection reposed in them.

purchased

Schedule 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 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 were

purchased 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 family. Thus, the eversince said the said arrangement, 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 of

Sreeramulu the suit

and

Eswaramma

and

has the

been in joint Possession and enjoyment of Property along-with 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 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 alongwith 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 to

put 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 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 village

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. 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 of /- paid under S.34(2) :

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 this Hon'ble court deems fit and proper under circumstances of the case, in the interest of justice. Counsel for the Plaintiff Plaintiff The facts stated above are all read over and explained to me in Telugu and admitted herein to be true and correct to the best of my knowledge, belief and information. Madanapalle, Plaintiff Dt:
SCHEDULE Chittoor district Madanapalle Sub-District Kurabalakota Mandal- Angallu PanchayathLand situate in the House Plots laid in Angallu Revenue village bearing Sircar 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 mts East-west on southern side: 32 ft and 10 inches or 10.00 mts North-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 Plaintiff Plaintiff

Verification The facts stated above are all read over and explained to me in Telugu and admitted herein to be true and correct to the best of my knowledge, belief and information. Madanapalle, Plaintiff Dt: List of Documents: 1. 23-11-2011 : Original Registered sale deed executed by Angajala Sreeramulu and his wife, Eswaramma in favour of the Plaintiff. IN THE COURT OF THE JUNIOR CIVIL JUDGE: MADANAPALLE O.S.NO: Plaintiff : /2012

M. Amaranath

Defendants : 1. Smt. Angajala Chandrakala 2. Angajala Pawan Santhosh, Minor , reptd., by his natural

guardian, next friend, mother , i.e., 1st Defendant 3. M.R.Goutham Kumar Affidavit of the Plaintiff Filed U/s.26(2) : C.P.C. 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 the husband of the 1st Defendant and father of the 2nd Defendant namely late Angajala Ramesh Babu, and his Parents, namely Angajala Sreeramulu and and the Angajala Eswaramma , his elder brother Angajala Harinath, 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. family of of the the said 1st Sreeramulu Defendant The was and

possessing landed Property and since the husband 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, said Sreeramulu laid in out of love and Likewise, the the plaint village affection reposed in them.

purchased

Schedule Property, i.e., house site plots Angallu Revenue

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 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 were purchased 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 family. Thus, the eversince said the said arrangement, 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 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 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 dispossess Property me from out of and the suit by any means started

negotiating with third parties to sell away the entire extent of the suit Property , by 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 Defendants proved to be futile. with the 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 to put spokes over my right and title 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. PRAYER: It is therefore most humbly prayed that the Hon'ble court may be pleased to pass a Preliminary Decree and Judgment in my favour and against the Defendants by directing the Defendants to divide the suit Property into two equal shares after considering good and bad of soil, etc., and put me in separate Possession of 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; Award the costs of the suit; and Pass such other or further reliefs as this Hon'ble court deems fit and proper under circumstances of the case, in the interest of justice. Deponent Solemnly affirmed and signed before me on at Madanapalle. Advocate IN THE COURT OF THE JUNIOR CIVIL JUDGE: MADANAPALLE O.S.NO: Plaintiff : /2012

M. Amaranath

Defendants : 1. Smt. Angajala Chandrakala 2. Angajala Pawan Santhosh, Minor , reptd., by his natural guardian, next friend, mother , i.e., 1st Defendant 3. M.R.Goutham Kumar 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 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

members of Hindu Joint family for which, the said Angajala Sreeramulu was acting as Karta and Manager of the family. family of of the the said 1st Sreeramulu Defendant The was and

possessing landed Property and since the husband 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, said Sreeramulu out of love and Likewise, the the plaint affection reposed in them.

purchased

Schedule 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 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 were

purchased 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 family. Thus, the eversince said the said arrangement, 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 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

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 dispossess Property me from out of and the suit by any means started

negotiating with third parties to sell away the entire extent of the suit Property , by 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 Defendants proved to be futile. with the 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 to put spokes over my right and title 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. 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. Defendants succeed in their If the unlawful

attempts , my Valuable rights over the suit Property will be at stake. hence, this petition. 9. I have got prima facie case and the balance 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 Thus, there is any amount of urgency in the matter and

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, I will be put to irreparable loss and serious hardship. Deponent Solemnly affirmed and signed before me on at Madanapalle. Advocate

IN THE COURT OF THE JUNIOR CIVIL JUDGE: MADANAPALLE I.A.NO; /2012 O.S.NO: /2012 Petitioner/ Plaintiff : M. Amaranath, S/o. Ramappa, aged about 34 years, Hindu, residing at Pamurivaripalle, H/o. Bayyappagari palle village and post, B. Kothakota Mandal. Respondents/ Defendants : 1. Smt. Angajala Chandrakala, W/o. late Ramesh Babu, aged about 33 years, Hindu, 2. Angajala Pawan Santhosh, S/o. late Ramesh Babu, aged about 10 years, Hindu, Minor , reptd., by his natural guardian, next friend, mother , i.e., 1st Defendant, The Defendants 1 and 2 are residing at Kolakalooru village and Post, Tenali Mandal, Guntur district. 3. M.R.Goutham Kumar, S/o. Miriyala Rammurthy, aged about

25 years, Hindu, Business, residing at D.NO:VIII/723, Thotapalem, Chittoor Town, post and District. PETITION FILED ON BEHALF OF THE PETITIONER / 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, the Petitioner/ Plaintiff Dt:
SCHEDULE Chittoor district Madanapalle Sub-District Kurabalakota Mandal- Angallu PanchayathLand situate in the House Plots laid in Angallu Revenue village bearing Sircar Dry S.NO;345/B4 Ext.Ac.2-14 cents Paiki

counsel

for

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 mts East-west on southern side: 32 ft and 10 inches or 10.00 mts North-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 Petitioner/ Plaintiff

IN THE COURT OF THE 1 ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE O.S.NO:58/2012 Plaintiff Defendants : : M. Amaranath 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. 2. I am the Plaintiff in the above suit and Deponent herein. 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.

ST

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.

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 : Respondents/ Defendants : 1. Smt. Angajala Chandrakala 2. Angajala Pawan Santhosh, Minor , reptd., by his natural guardian, next friend, mother , i.e., 1 Defendant 3. M.R.Goutham Kumar
st

M. Amaranath

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, Dt:22-11-2012

counsel for the Petitioner/ Plaintiff