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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.
Madanapalle,Plaintiff
Dt:List of Documents:1. 23-11-2011 : Original Registered sale
deed executed by AngajalaSreeramulu and his wife,Eswaramma in favour of thePlaintiff.
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
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,
residing at Pamurivaripalle, H/o.Bayyappagari palle village andpost, B. Kothakota Mandal.
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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
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, out of love and
affection reposed in them. Likewise, the
said Sreeramulu purchased the plaint
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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 theDefendants 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
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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, 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 of
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Sreeramulu 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
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 to
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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 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.
Counsel for the PlaintiffPlaintiff
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.
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 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;
Total: 265.14 sq. yards
Counsel for the PlaintiffPlaintiff
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
Plaintiff : M. Amaranath
Defendants : 1. Smt. AngajalaChandrakala
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
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 wasin 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 plaint
Schedule Property, i.e., house site plots
laid in Angallu Revenue village
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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 andwell 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
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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, 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 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
been in joint Possession and enjoyment of
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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 me 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 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
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,
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D-3 is impleaded as a formal party to this
suit. Hence, this suit.
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
Plaintiff : M. Amaranath
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Defendants : 1. Smt. AngajalaChandrakala
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
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, out of love and
affection reposed in them. Likewise, the
said Sreeramulu purchased the plaint
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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 theDefendants 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
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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, 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 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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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 me 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 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
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 my right and title in the
suit Property, and hence, for
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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. 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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IN THE COURT OF THE JUNIOR CIVILJUDGE: MADANAPALLE
I.A.NO; /2012O.S.NO: /2012
Petitioner/Plaintiff : M. Amaranath, S/o. Ramappa,aged about 34 years, Hindu,
residing at Pamurivaripalle, H/o.Bayyappagari palle village andpost, B. Kothakota Mandal.
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;
Total: 265.14 sq. yards
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
Plaintiff : M. Amaranath
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
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