In The High Court of Judicature of . AT ..: ..Petitioners/Appellants and

IN THE HIGH COURT OF JUDICATURE OF ……………….
AT ……………..
C.M.P. No…………. of …….. 20…….
in
S.A. No. …………… of ……. 20…….
Between :
…………..
……………. …..Petitioners/Appellants
and
………….
…………… .....Respondent/Respondents
Counter affidavit filed on behalf of the respondents
I, …..………………… S/o…………….. Hindu, aged about ……….. years, Occupation

…….., R/o. …………………. H/o. …………… Mandal, ……………. District and now
having temporarily come down to Hyderabad, do hereby solemnly and sincerely affirm
and state on oath as follows :
(1) That I am the 2nd respondent herein and the 2nd respondent in the above Second
Appeal and as such I am well acquainted with the facts of the case. I am swearing this
affidavit on my behalf and on behalf of the other respondents also who have authorized
me to file the same.
(2) That I have read the affidavit filed by the Petitioner/Appellant in support of the above
C.M.P. and deny all the averments made therein except that those which are specifically
admitted by me hereinafter.
(3) I submit that the order of interim stay granted by this Hon’ble Court on ……… is not
sustainable and is liable to be vacated. I further submit that the said order of interim stay
is an ineffective order, since there is no positive order of injunction but however under
the guise of the said interim stay order, the petitioner is threatening us with forcible
dispossession with the assistance of the police. Hence the said interim stay order is liable
to be vacated.
(4) I further submit that the mother of the 1 st respondent, myself and the 3rd respondent
jointly purchased the plaint schedule properties from one ………. for valuable
consideration under a registered sale deed dated …….. and we are in continuous
possession and enjoyment of the same since then with absolute rights. It is submitted that
after the death of the mother of the 1st respondent and our selves have been in continuous
interrupted possession to the knowledge of the Petitioner/Appellant/Plaintiff and one and
all. It is further submitted that the sale deed dated …………. relied upon by the
Petitioner/Appellant/Plaintiff is not binding on us.
(5) I further submit that except the judicial proceedings all the allegations made in Paras
1 to 10 of the affidavit are totally false and incorrect. It is submitted that the
Petitioner/Appellant/Plaintiff has been never in possession and even during the pendency
of the appeal he has no interim order in his favour.
(6) I also submit that both the Courts below clearly held that the suit itself is barred by
Order 2, Rule 2 C.P.C.
(7) I also submit that the suit schedule property originally belonged to one…………who
had two wives by name one…….. and one…… and the said………… had a daughter by
name……….. The said ……….. filed O.S.No…….. of …….. on the file of the District
Munisf Court,………… against the said ……………. and …………. for declaration and
partition of her share in the properties of her husband in the lands at ………. During the
pendency of the O.S.No……… of ……….., the said ………..died and the said……….
was transposed as 2nd plaintiff therein, as the sole heir of …………. The plaintiffs in O.S.
No……… of ……… did not claim the plaint schedule property therein and intentionally
relinquished their claim to it. The plaintiff in O.S.No. ……. of ……. claimed title from
one ………….. who in turn claimed from the said …….. under registered sale deeds dt.
…………. and ………. respectively. Since the said ………….. under registered sale
deeds dt. ………. and ………… respectively. Since the said………or her
mother……….. did not include the suit property in the whole claim in the previous
partition suit O.S. No. ……….. o f……. against the said……….. the subsequent suit O.S.
No………. of ……… on the file of the District Munsif Court, ………….. against……….
and her brother……….. for declaration of title to house property to ………. and
O.S.No…….. of ……… on the file of the District Munsif Court, …………. against the
same defendants for recovery of possession of movable properties of the said ………..
came into being. The said O.S.No……… was transferred as renumbered as O.S.No……
of ……. on the file of the Sub-Court, …….. Both O.S.No. …. of ……….. and O.S.No.
…….. of 1975 were clubbed together and during the joint trial, and issue was framed
under Order 2, Rule 2 C.P.C. and the said subsequent suits were dismissed in view of the
previous suit O.S.No………. of ………. wherein the house and movable properties were
forgotten and omitted. Again the said ………. filed another suit in O.S.No. ….. of
……… against the defendants for permanent injunction and the same was dismissed. The
causes of action in the previous suits were based on succession from ……… in respect of
all suits as between ………… and ……… and the cause of action in the present O.S.No.
…… of ………… was based on the same succession by the purchasers from such said
successors-in-title. Since the cause of action in the previous suits and in the present suit
are identical, the present suit is barred under Order 2, Rule 2 C.P.C.
(8) I humbly submit that we are in actual possession and enjoyment of the plaint schedule
properties and absolutely there is no case to the petitioner/Appellant at all and on the
contrary we are having a strong prima facie case in our favour and in the said
circumstances our possession has to be protected by vacating the interim stay granted by
this Hon’ble Court dt…………….
Under these circumstances, it is just and necessary in the interst of justice, that this
Hon’ble Court may be pleased to vacate the interim stay granted by this Hon’ble Court in
C.M.P. No. ……… of ……. in S.A.No. …….…. of …….. dt…….. and pass such other
and further order or orders as this Hon’ble Court may deem fit and proper in the
circumstances of the case, as otherwise, we will be put to irreparable loss, grave
suffering, great hardship, heavy injury and serious loss.
Deponent
Before me
Advocate, Hyderabad
Solemnly affirmed at ……………. on

this the ………. of ….. and signed
his name in my presence.
MEMORANDUM OF CIVIL MISCELLANEOUS PETITION

(Under Section 151 of C.P.C)
IN THE HIGH COURT OF JUDICATURE OF …………. AT ……….
C.M.P. No……….. of …….. 20………..
in
C.M.P. No…………. of ………. 20……….

in
S.A. No………….. of ………..20……….
Between :
(1) ………………..
(2) ………………. ……Petitioners/Respondents/Respondents
and
(1) ………………..
(2) ……………….. …….Respondent/Petitioner/Appellant
For the reasons and in the circumstances stated in the accompanying affidavit, it is just
and necessary in the interests of Justice, that this Hon’ble Court may be pleased to vacate
the interim stay granted by this Hon’ble Court in C.M.P. No. …….. of …….. in
S.A.No……….. of ………….. dated………….. and pass such other and further order or
orders as this Hob’ble Court may deem fit and proper in the circumstances of the case.
Place :
Dated :
Advocate for Petitioner

In The High Court of Judicature of . AT ..: ..Petitioners/Appellants and

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In The High Court of Judicature of . AT ..: ..Petitioners/Appellants and

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IN THE HIGH COURT OF JUDICATURE OF ……………….

C.M.P. No…………. of …….. 20…….

S.A. No. …………… of ……. 20…….

Counter affidavit filed on behalf of the respondents

I, …..………………… S/o…………….. Hindu, aged about ……….. years, Occupation

Solemnly affirmed at ……………. on

MEMORANDUM OF CIVIL MISCELLANEOUS PETITION

IN THE HIGH COURT OF JUDICATURE OF …………. AT ……….

C.M.P. No……….. of …….. 20………..

C.M.P. No…………. of ………. 20……….

S.A. No………….. of ………..20……….

Advocate for Petitioner

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