Professional Documents
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Hmop & Retrn of Doccuments
Hmop & Retrn of Doccuments
JUDGE AT VIZIANAGARAM
O.S.NO: /2020
Between:-
Sri. Eppili Appa Rao ---------- Plaintiff
And:-
Sri. Behara Krishna Rao ---------- Defendant
The address of the plaintiff for the purpose of service of all notices. etc.. is as
stated above and care of his Advocate Sri. B. NARASIMHA MURTHY,
Vizianagaram.
II. THE DEFENDANT IS:-
Sri. Behara Krishna Rao, S/o late Bhaskara Rao, Hindu, aged about 58 years,
working as A.S.I, residing at Flat No: 301, Mahaveer Residency, Gandhi Nagar, V.T.
Agraharam, Vizianagaram.
The address of the defendant for the purpose of service of all notices etc., is as
stated above.
b) The plaintiff further submits that subsequently he demanded the defendant for
repayment of the amount due under the above said promissory note, but the defendant
did not chose to repay the said amount either towards principal or interest due under
the above said promissory note and postponing the same on some pretext or the other,
therefore the plaintiff got issued a registered lawyer’s notice dated 24-08-2020, but
the defendant did not receive the same and returned with postal remarks stating that
he did not claim after intimation.
c) The plaintiff therefore files this suit against the defendant for recovery of the
amount due under the above said promissory note along with the costs of the suit
payable by the defendant to the plaintiff.
V. The Value of the suit for the purpose of court fee and jurisdiction is Rs:
8,05,000-00 and accordingly a court fee of Rs: 10,526-00 is paid thereon under
sec.20 and Art 1(b) and (c) of Schedule I of A.P. Court fee and suits valuation Act.
a) directing the defendant to pay a sum of Rs: 8,05,000-00 (Rupees eight lakhs
and five thousand only) with subsequent interest @ 2% P.M on Rs: 5,00,000/-
from the date of the suit till the date of realization:
c) to grant such other relief or relief’s as the Honorable court deems fit
and proper under the circumstances of the case, in the interests of justice.
The contents of the above plaint are all true and correct to the best of my
knowledge, belief and on information which is believed to be true and that I have
signed the same on this 4th day of September, 2020 at Vizianagaram.
Vizianagaram,
04-09-2020.
Plaintiff.
LIST OF DOCUMENTS
O.S.NO: /2020
Between:-
Sri. Eppili Appa Rao ---------- Plaintiff
And:-
Sri. Behara Krishna Rao ---------- Defendant
2) I submit that I am the plaintiff in the above suit. I know all the facts of the case
and I filed the above suit against the defendant for recovery of the amount due under
the promissory note from the defendant.
3) I submit that the averments of the plaint are all true and correct and on
information which are believed to be true and after going through the contents of the
plaint all of them are found to be correct and the said contents of the plaint were read
over and translated to me in Telugu by my advocate Para I, II, III are drafted at my
instructions and signed by me.
4) I submit that the Para IV, V, and VI are informed me by my advocate and they
are true and correct to my knowledge, belief and on information all of them are found
to be correct.
DEPONENT
th
Solemnly affirmed before me on this 4 day of September, 2020, at
Vizianagaram.
ADVOCATE/A.O.
IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL
JUDGE AT VIZIANAGARAM
O.S.NO: /2020
Between:-
Sri. Eppili Appa Rao ---------- Plaintiff
And:-
Sri. Behara Krishna Rao ---------- Defendant
2). I submit that I am the plaintiff in the above suit. I know all the facts of the case
and I filed the above suit against the defendant for recovery of the suit amount with
subsequent interest and costs.
3) I submit that the defendant has borrowed an amount of Rs: 5,00,000/- (Rupees
five lakhs only) from me on 18-02-2018 (Eighteenth, February, two thousand
eighteen) for the purpose of developing his assets and in evidence thereof on the
same day he has executed a promissory note in my favour for Rs: 5,00,000/-,
agreeing to repay the same on demand together with subsequent interest thereon at
Rs: 2% P.M, either to me or to my order.
5). I therefore humbly prays that the Honorable court may be pleased to pass a
decree in my favour against the defendant directing him to pay the suit amount of Rs:
8,05,000/- due under the suit promissory note and subsequent interest and costs of the
suit, in the interests of justice.
Deponent.
th
Solemnly affirmed before me by the deponent on this 4 day of September, 2020 at
Vizianagaram.
Advocate/A.O
O.S.NO: /2020
Between:-
Sri. Eppili Appa Rao ---------- Plaintiff
And:-
Sri. Behara Krishna Rao ---------- Defendant
Sri. Eppili Appa Rao, S/o late Rama Murthy, Hindu, aged about 70 years, Retd.
Armed A.S.I, residing at Door No: 8-32-1, Srinivasa Nagar, B.C. Colony,
V.T.Agraharam, Vizianagaram.
Sri. Behara Krishna Rao, S/o late Bhaskara Rao, Hindu, aged about 58 years,
working as A.S.I, residing at Flat No: 301, Mahaveer Residency, Gandhi Nagar, V.T.
Agraharam, Vizianagaram.
The addresses furnished are all true and correct to the best of my knowledge,
belief and on information and that I have signed the same on the dt: 04-09-2020 at
Vizianagaram.
Plaintiff
IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL
JUDGE AT VIZIANAGARAM
O.S.NO: /2020
Between:-
Sri. Eppili Appa Rao ---------- Plaintiff
And:-
Sri. Behara Krishna Rao ---------- Defendant
2). I submit that I am the plaintiff in the above suit. I know all the facts of the case
and I filed the above suit against the defendant for recovery of the suit amount with
subsequent interest and costs.
3) I submit that the defendant has borrowed an amount of Rs: 5,00,000/- (Rupees
five lakhs only) from me on 18-02-2018 (Eighteenth, February, two thousand
eighteen) for the purpose of developing his assets and in evidence thereof on the
same day he has executed a promissory note in my favour for Rs: 5,00,000/-,
agreeing to repay the same on demand together with subsequent interest thereon at
Rs: 2% P.M, either to myself or to my order.
5). I further submit that the defendant is have owned RCC residential Flat
bearing No: 301 in Mahaveer Residency at V.T. Agraharam, Vizianagaram, which is
more fully described in the schedule hereto annexed which may kindly be read as
part of this affidavit and which is purchased by him on 19-08-2016 vide document
No; 5739/2016 of S.R.O Vizianagaram. I further submit that the defendant is highly
indebted to various persons and it is only the property that he is having and the
defendant is making hectic preparations to sell away the schedule property to third
parties so as to defraud his creditors including myself and if the defendant succeeds
in his attempts I will not be in a possession to recover the decree amount that may be
passed in the suit. I submit that I got strong case and that I will definitely succeed in
the above suit. Under these circumstances, I am obliged to file this petition to attach
the petition schedule property before judgment or else I will be put to great and
irreparable loss.
7) Therefore, I humbly prays that the Honorable court may be pleased to direct
the defendant to furnish security for the suit amount of Rs: 8,05,000/- with
subsequent interest and costs of the suit, with in the specified time to be fixed by the
Honourable court, failing which to attach the schedule mentioned property before
judgment, in the interests of justice.
Deponent.
th
Solemnly affirmed before me by the deponent on this 09 day of July, 2020,
Vizianagaram.
Advocate/A.O
IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL
JUDGE AT VIZIANAGARAM
O.S.NO: /2020
Between:-
Sri. Eppili Appa Rao, S/o late Rama Murthy, Hindu, aged about 70 years, Retd.
Armed A.S.I, residing at Door No: 8-32-1, Srinivasa Nagar, B.C. Colony,
V.T.Agraharam, Vizianagaram,
------------- Petitioner/ Plaintiff.
And:-
Sri. Behara Krishna Rao, S/o late Bhaskara Rao, Hindu, aged about 58 years,
working as A.S.I, residing at Flat No: 301, Mahaveer Residency, Gandhi Nagar, V.T.
Agraharam, Vizianagaram.
-----------Respondent/Defendant.
O.S.NO: /2020
Between:-
Sri. Eppili Appa Rao ---------- Plaintiff
And:-
Sri. Behara Krishna Rao ---------- Defendant
B- SCHEDULE
Plaintiff
2). I submit that I am the 3 rd party to the above proceedings and I know the both
parties to the suit.
3). I submit that the defendant has borrowed an amount of Rs: 5,00,000/-from the
plaintiff on 18-02-2018 for the purpose of developing his assets and on the same day
he had executed a promissory note in favour of the plaintiff agreeing to repay the
same together with subsequent interest Rs: 2% P.M, either to him or to his order on
demand and subsequently the plaintiff demanded him in my presence for repayment
of the amount due under the said suit promissory note, but he did not choose to repay
the said amount and postponing the same on some pretext or the other. Therefore the
plaintiff files the suit for recovery of the amount.
4) I further submit that the defendant is owned RCC residential Flat bearing No:
301 in Mahaveer Residency at V.T. Agraharam, Vizianagaram and which is
purchased by him on 19-08-2016 vide document No; 5739/2016 of S.R.O
Vizianagaram. I further submit that the defendant is highly indebted to various
persons and it is only the property that he is having and the defendant is making
hectic preparations to sell away the schedule property to third parties so as to
defraud his creditors including plaintiff and if the defendant succeeds in his
attempts, the plaintiff would not to recover the decree amount that may be passed in
the suit.
5. The above stated information is true and correct to the best my knowledge and
belief.
Deponent
th
Solemnly affirmed before me by the deponent on this 4 day of September, 2020, at
Vizianagaram.
Advocate/A.O
And:-
Sri. Behara Krishna Rao ---------- Defendant
2). I submit that I am the 3 rd party to the above proceedings and I know the both
parties to the suit.
3). I submit that the defendant has borrowed an amount of Rs: 5,00,000/-from the
plaintiff on 18-02-2018 for the purpose of developing his assets and on the same day
he had executed a promissory note in favour of the plaintiff agreeing to repay the
same together with subsequent interest Rs: 2% P.M, either to him or to his order on
demand and subsequently the plaintiff demanded him in my presence for repayment
of the amount due under the said suit promissory note, but he did not choose to repay
the said amount and postponing the same on some pretext or the other. Therefore the
plaintiff file the suit for recovery of the amount.
4) I further submit that the defendant is have owned RCC residential Flat bearing
No: 301 in Mahaveer Residency at V.T. Agraharam, Vizianagaram and which is
purchased by him on 19-08-2016 vide document No; 5739/2016 of S.R.O
Vizianagaram. I further submit that the defendant is highly indebted to various
persons and it is only the property that he is having and the defendant is making
hectic preparations to sell away the schedule property to third parties so as to
defraud his creditors including plaintiff and if the defendant succeeds in his
attempts, the plaintiff would not to recover the decree amount that may be passed in
the suit.
The above stated information is true and correct to the best my knowledge and
belief.
Deponent
Solemnly affirmed before me by the deponent on this 4 th day of
September, 2020, at Vizianagaram.
Advocate/A.O
And:-
Sri. Behara Krishna Rao ---------- Defendant
2). I submit that I am the 3 rd party to the above proceedings and I know the both
parties to the suit.
3). I submit that the defendant has borrowed an amount of Rs: 5,00,000/-from the
plaintiff on 18-02-2018 for the purpose of developing his assets and on the same day
he had executed a promissory note in favour of the plaintiff agreeing to repay the
same together with subsequent interest Rs: 2% P.M, either to him or to his order on
demand and subsequently the plaintiff demanded him in my presence for repayment
of the amount due under the said suit promissory note, but he did not choose to repay
the said amount and postponing the same on some pretext or the other. Therefore the
plaintiff files the suit for recovery of the amount.
4) I further submit that the defendant is have owned RCC residential Flat bearing
No: 301 in Mahaveer Residency at V.T. Agraharam, Vizianagaram and which is
purchased by him on 19-08-2016 vide document No; 5739/2016 of S.R.O
Vizianagaram. I further submit that the defendant is highly indebted to various
persons and it is only the property that he is having and the defendant is making
hectic preparations to sell away the schedule property to third parties so as to
defraud his creditors including plaintiff and if the defendant succeeds in his
attempts, the plaintiff would not to recover the decree amount that may be passed in
the suit.
5. The above stated information is true and correct to the best my knowledge and
belief.
Deponent
th
Solemnly affirmed before me by the deponent on this 4 day of September, 2020,
at Vizianagaram.
Advocate/A.O
2). I submit that I am the 3 rd party to the above proceedings and I know the both
parties to the suit.
3). I submit that the deceased Dhanala Prakash, during his life time had borrowed
an amount of Rs: 2,00,000/-from the plaintiff on 05-08-2019 for the purpose of his
family needs and discharging his debts and on the same day he had executed a
promissory note in favour of the plaintiff agreeing to repay the same together with
subsequent interest Rs: 24% p.a, either to him or to his order on demand, and during
his life time the plaintiff demanded him for repayment under the said suit promissory
note, but he did not choose to repay the said amount and postponing the same on
some pretext or the other, and on several occasions he requested time for repayment.
4) I further submit that the said Dhanala Prakash, died intestate on 17-06-2020
leaving behind him his wife and children, who are the defendants in the suit as his
class one legal heirs for his entire estate. Subsequently the plaintiff demanded the
defendants personally and through me for repayment of the amount due under the
above said promote, but they did not pay any amount so for.
5) I further submit that the deceased Dhanala Prakash, during his life time he
worked as a sweeper in Sainik School Korukonda, Korukonda Village, Vizianagaram
Mandal/district, the defendants are entitled to receive all his death benefits and now
the defendants are ready to receive the death benefits of the deceased Dhanala
Prakash, from the Garnishee. The defendants have no other properties except the said
death benefits of the deceased Dhanala Prakash.
The above stated information is true and correct to the best my knowledge and
belief.
Deponent
th
Solemnly affirmed before me by the deponent on this 29 day of June, 2020, at
Vizianagaram.
Advocate/A.O
I. A. NO: /2017
F C M C NO: 23 / 2017
Between:-
2. Bhogi Ananya D/o Venkata Rama Viswanath, Hindu, age 7 years, being
minor rep. by her mother Smt. Bhogi (potnuru)Nandini w/o Venkata Rama
Viswanath, Rest --- do ----.
-----------Respondent/ Plaintiff.
3. The petitioner/ respondent further submit that he came to know the said
fact on 01-08-2017 when he appear before the Honourable AJFCM court at
Vizianagaram, in C.C No: 99/2017, and enquiry about this case through his
advocate, hence the petitioner filing this petition to set side the ex party order
passed against him on 24-07-2017, the petitioner further submit that he is having
strong and tenable contest in the above F.C.M.C and there are chances to
succeeding in the above case, the petitioner submits that he received only
summon copy from the Honourable court, but he did not received any petition
copy of FCMC, hence he could not filed his counter along this petition.
4. Therefore unless the Honourable court is pleased to set aside the ex party
order dt. 24-0702017 passed against the petitioner/ respondent in the above
matter and permit the petitioner/respondent to put forth his contest in the above
matter, in order to arrive at a just decision by the Honourable court and to render
justice to the petitioner/respondent, he will be put to serious loss and injury.
The contents of the above paras are all true and correct to the best of my
knowledge, belief and information and signed the same on this 02 nd day of
August, 2017 at Vizianagaram.
PETITIONER / RESPONDENT
IN THE HONOURABLE COURT OF THE IIIrd ADDITIONAL DISTRICT JUDGE-CUM-
FAMILY COURT AT VIZIANAGARAM
F C M C NO: 23 / 2017
Between:-
Smt. Bhogi Nandini and another ----Petitioners
AND:-
Sri. Bhogi Venkata Rama Viswanath --------Respondent
2) I am the respondent in the above petition; as such I know all the facts of
the case.
3) I submit that both the petitioners filed the above petition against me for
granting maintenance; I submit that I have no knowledge about the court
proceedings and I cannot understand the proceedings before the Honourable
court. Hence, I request the assistance of an advocate to defend the case and I
am not able to conduct the case in person. Unless the Honourable may be
pleased to permit me to engage an advocate on my behalf to defend my case, I
will suffer irreparable loss and injury.
4). Therefore I humbly pray that the Honorable court may be pleased to
permit me to engage advocate, Sri. M. Prabhakara Rao, V. Demudu Babu, and
K. Pydi Naidu, Advocates, Vizianagaram, on my behalf to defend my case in
the above matter, in the interest of justice.
DEPONENT,
Solemnly affirmed before me and signed on the same on this 2nd day,
August, 2017 at Vizianagaram.
Advocate.
I. A. NO: /2017
F C M C NO: 23 / 2017
Between:-
2. Bhogi Ananya D/o Venkata Rama Viswanath, Hindu, age 7 years, being
minor rep. by her mother Smt. Bhogi (potnuru)Nandini w/o Venkata Rama
Viswanath, Rest --- do ----.
-----------Respondent/ Plaintiff.
H.M.O.P 38 / 2009
Between:-
Sri. Allu Surya Ravi -------- Petitioner.
AND:-
Smt. Allu Kanaka Mahalaxmi -------- Respondents.
2) I am the advocate for the petitioner in the above matter and acquainted
with the facts of the case.
3) I humbly submit that the petitioner has filed the above numbered
petition for dissolution of his marriage with the respondent on the ground of
the respondent is suffering from leprosy. I further submit that the petitioner
himself examined as a Pw-1 and pw-2 and Pw-3 were also examined on his
behalf and seven documents were also marked as exhibits. I further submit
that after closer of the evidence of the petitioner, the respondent has filed
her chief examination affidavit and the matter is stood posted to 10-0402017
for cross- examination of Rw-1, I further submit that the petitioner is working
as a Hawaldar in Indian Army at North Eastern Hill Station.
4) I further submit that on 10-04-2017 during the call work time, after
entrusted the matter to my colleague advocate Sri K. Murali to represent on
behalf of the petitioner, before this Honourable court. I went to the
Honourable Principal district Judge’s court to attend another matter and in
the mean time during the call work time, the matter is called and the petition
is dismissed for default for non-representation on behalf of the petitioner
instead of going to the next step. I further submit that non representation in
the above matter on10-04-2017 is neither willful nor deliberate, but due to
above reason. Unless the Honourable court is pleased to restore the petition
into file, the petitioner will be put to great hardship and he got strong case
on his side.
5) The petitioner therefore pray that the Honorable court may be pleased
to set aside the default order dated 10-04-2017 passed in the above matter
and restore the petition, in the interest of justice.
DEPONENT
th
Solemnly affirmed before me on this 11 day April, 2017 at Vizianagaram.
Advocate.
I. A. NO: /2017
H.M.O.P: 38 / 2009
Between:-
Smt. Allu Kanaka Mahalaxmi W/o Surya Ravi, D/o Golivi Krishna
Hindu, age 28 years, present resident of China Pudigavalsa Village,
Etcharla Mandal, srikakulam district.
-----------Respondent/ Respondent.
O S NO: 34 /1996
Between:-
Sri. Sailada Venkata Ramana ----------Petitioner/ Plaintiff
And:-
Sri. Sailada Appa Rao ----------Respondent/ Defendant,
PETITION FILED UNDER RULE 131 0F CIVIL RULES OF PRACTICE BY THE ABOVE
NAMED PLAINTIFF.
1. The petitioner is :- Sailada Venkata Ramana s/o late Appa Rao, Hindu aged
about 58 years, employee in BSNL, resident Vuda colony, cantonment,
Vizianagaram.
11. The Respondent is :- Sailada Appa Rao, (died ), S/o late Parasayy,Hindu aged
about 70 years, Retd. Employee, resident of Ayyannapeta village, Vizianagaram
Mandal/ district.
III. It is submitted that the petitioner filed the above suit against the defendant
who was my father, for partition of the plaint schedule properties in two equal
shares. The petitioner further submit that during trial of the suit he filed some
documents on his side which were marked as Ex. A-1 to A-6 and likewise the
defendant filed some documents which were marked as Ex. B-1 to B-6 on his side
and after conclusion of trial the Honourable court was pleased to pass a
preliminary decree on 22-01-2008 to divide some of the items of the plaint
schedule properties in to two equal shares and the rest of the suit is dismissed.
3. It is humbly submit that the father of the petitioner who was the defendant in
the suit filed FDIA 261/2009 for passing final decree in terms of preliminary
decree against the petitioner before the Honourable court and while pendency of
the above numbered FDIA, the petitioner and his father have entered in to a
compromise and submitted a joint memo before this Honourable court to refer
the matter to lok Adalat for recording compromise and on 15-09-2009 the
compromise was recorded and settle the matter between them and an award was
also passed to that effect and according to the terms of the compromise, the
defendant gave up all his rights in the plaint schedule properties in favour of the
petitioner and subsequent to the said award Sailada Appa Rao who was the
defendant in the above matter was died on 11-10-2009. Under the above stated
circumstances the petitioner is the rightful person to receive the documents from
the Honourable court which were marked as Exhibits B-1 to B-6 through his
deceased father as defendant in the above matter. The petitioner therefore filed
this petition to return the documents listed below, which were marked as Ex. B-1
to B-6, or else the petitioner will be put to irreparable loss.
IV. The cause action arose on 22-01-2008 when the Honourable court was
pleased to pass a preliminary decree and delivered judgment and on 15-09-2009
when an award was passed by the Honourable Lok-Adalat after recording the
compromise between parties and during the pendance of the suit, when the
documents were marked through the defendant and subsequently on 11-10-2009
when the defendant died at Ayyannapeta Village, which is within the limits of the
Honourable court.
VI. The petitioner therefore pray that the Honorable court may be pleased
to pass an order to return the under mentioned listed documents which were
marked as Ex. B-1 to B-6 in the above matter, to the petitioner, interests of
justice.
The above particulars are true and correct to the best of my knowledge and
my belief, and signed the same on 17 -09-2018, at Vizianagaram.
Petitioner.
LIST OF DOCUMENTS:-
1. Ex-B-1 ;- Original Registered settlement deed dated 28-07-1971.
2. Ex-B-2:- Registered sale deed dated 06-07-1934.
3. Ex B-3:- Registered sale deed dated 27-09-1966.
4. Ex B-4:- Registered sale deed dated 27-09-1971.
5. Ex B-5:- Ryoth pass book issued in the name of Sailada Appa Rao.
6. Ex B-6:- Registration extract of sale deed executed by DW-1.
O S NO: 34 / 1996
Between:-
Sri. Sailada Venkata Ramana ---------- Plaintiff
And:-
Petitioner.
DEPONENT
3) I submit that I filed the above suit against the defendant for
granting permanent injunction restraining the defendants, their men,
agents, and servants from ever interfering with my peaceful
possession and enjoyment of the plaint schedule land. I further
submit that at the time of filing of the suit she filed some documents
along with the plaint which were un marked documents I,.e,. Ex. A-1
and A-2 and the Honourable court was pleased to pass a interim
injunction in I.A. No: 1068/2017 on 19-06-2017 and the same is
pending before the Honourable court and stands posted to 11-10-
2018 for issues.
5) I further submit that I her with under taken to re submit the above
said documents as and when the Honourable court is directed me to
re submit the same.
Advocate (A.O)
O.S.NO: 215/2017
Between:-
Smt. Gedda Rajamma ---------- Petitioner/ Plaintiff
And:-
Sri. Badukonda Pydithalli ------ Respondent/Defendant
b). It is humbly submit that the father of the petitioner who is the
plaintiff in the suit. It is further submit that the above said documents are
required to incorporate some items of land is to be entered in her pattadar
pass book and Title deed book in the office of Thasheldhar, Denkada
Mandal, Under the above stated circumstances the petitioner is the rightful
person to receive the documents from the Honourable court which were
unmarked documents I,.e,. Ex-A-1 and A-2, in the above matter. The
petitioner therefore filed this petition to return the documents listed below,
which were unmarked as Ex. A-1 & A-2, or else the petitioner will be put to
irreparable loss.
IV. The cause action arose on 19-06-2017 when the Honourable court
was pleased to pass a Interim Injunction basing on the above said
documents, when the documents were marked through the plaintiff, which
is within the limits of the Honourable court.
VII. The petitioner therefore pray that the Honorable court may be
pleased to pass an order to return the under mentioned suit listed
documents which were unmarked as shown as Ex. A-1 and A-6 in the
above matter, to the petitioner, interests of justice.
Petitioner.
LIST OF DOCUMENTS:-
2). 27-10-2015, Original Title deed in respect of the plaint schedule land
issued in favour of the plaintiff.
Advocate for the petitioner.
The above particulars are true and correct to the best of my knowledge and
my belief, and signed the same on 05-09-2018, at Vizianagaram.
Petitioner.
in
F.C.O.P No: 97 / 2016
Between:-
Sri. N. Kalyana Sankar -----Petitioner/
Petitioner.
AND:-
Smt. N. Leela Prasanthi ------Respondent/
Respondent.
The petitioner / petitioner humbly submits that the above case stands
posted today for appearance of the petitioner /petitioner, but he could not
appear before this Honorable Court as his mother is not doing well and he is
only look after his mother.
Unless the above reason there is no other reason about his absence, his
absence is either willful or wanton, hence that the Honorable court may be
pleased to condone his absence, else he will be sustained irreparable loss or
injury.
AND:-
Ch. Raja Gopal ----- Respondent
b) The petitioner further submits that from the very date her
marriage, the respondent started ill-treatment towards the
petitioner both phycally and mentally, while they were returning
from Tirumala.
c) The petitioner further submits that after her marriage with the
respondent, the respondent started his matrimonial life with the
petitioner in a house bearing Flat No; S-2, Sri Vidya Paradise,
behind the Petrol Bunk, Venkojipalem, Visakhapatnam.
=2=
e) The petitioner further submits that she waited till the month of
September, 2016 with fond hope that the respondent would change
his attitude towards her, but in vain. It is further submits that
during the last week of September, 2016, the respondent driven out
the petitioner from his residence and as such the petitioner is now
residing with her parents as there is no other way for her.
f) The petitioner further submits that so many mediations were
held before the elders for re-union of the spouse, but on all
occasions the respondent put deaf ear to the advice of the elders
and therefore both the petitioner and the respondent are living
separately since the month of October,2016, therefore the petitioner
is entitled for decree of divorce on the grounds of cruelty and
desertion.
g). The petitioner is therefore files this petition for granting decree
of divorce, dissolving the marriage held on 22-11-2015 between the
petitioner and the respondent. The petitioner further submits that
there is no collusion in between the petitioner and the respondent.
The petitioner further submits that there is no similar petition is
pending in between the parties in any other court or Forum.
V. The petitioner is here with paid the required court fee of Rs.
/- under Art-1 (Vii) of schedule-II of A. P. Court fees and suit
valuation Act.
VI. The petitioner therefore prays that the Honourable court may
be pleased pass a decree of divorce, dissolving the marriage between
the petitioner and the respondent held on 22-11-2015 and to such
other or further reliefs as the Honourable court deems fit and
proper under the circumstances of the case, in the interests of
justice.
Visakhapatnam,
Date: 20-03-2019. Petitioner
LIST IF DOCUMENTS.
Between:-
Smt. Korupolu Swathi (CH. Swathi), w/o CH. Raja Gopal, Hindu,
aged about 29 years, resident of Pollanki Village, Gantyada Mandal,
Vizianagaram district.
---------- Petitioner.
AND:
Sri. Ch. Raja Gopal, S/o Durga Vigneswara Rao, Hindu, aged about
36 years, Private Employee, residing at Door No: 7-16-69,
Vallurivari Thota, IXth line, Gunturu.
-------------- Respondent.
AND:-
1). I, Korupolu Swathi (CH. Swathi), w/o CH. Raja Gopal, Hindu, aged about 29
years, resident of Pollanki Village, Gantyada Mandal, Vizianagaram district, now
present at Visakhapatnam, do here by solemnly affirm and state on oath as
follows :-,
2) I submit that I am the petitioner in the above matter. I know all the facts of
the case and I filed the above petition against the respondent for granting decree
of divorce on the grounds of cruelty and desertion.
3) I submit that I do not know the legal proceedings in a court of law and I
do not know the provisions of the Family Courts Act, Hindu Marriage Act and
other procedural laws as to how to conduct the case and defend the same.
Under these circumstances I obliged to file this petition to permit me to
appoint my advocate B. Narasimha Murthy, Vizianagaram for conducting the
case on my behalf or else I will be put to great and irreparable loss.
DEPONENT
th
Solemnly affirmed before me and signed on this 20 day of March, 2019, at
Visakhapatnam.
ADVOCATE/A.O.
1) I, Reyyi Pooja w/o Sudeer, Hindu, aged about 25 years, R/o L. B. Colony,
Cantonment, Vizianagaram, do here by solemnly affirm and state as follows:-
2) I submit that I am the petitioner in the above case. I know all the facts of
the case; I filed the above petition against the respondent for grant of
maintenance.
3) I submit that the my marriage with the respondent was performed on 10-
05-2015 as per the Hindu rights and cast custom, after some time some
differences was aroused in between me and the respondent, in spit of my best
efforts the respondent did not take back me in his society and the respondent
failed to provide food, raiment and shelter to me, Hence I filed the above case for
granting maintenance to me.
5). Therefore, I humbly prays that the Honourable court may be pleased to
issue summons to the Superintend/ Salary disbursing Officer, Income Tax Office,
Dabagarden, Visakhapatnam, to cause produce the documents i,.e,. Original
salary records and Original payment slips for last three months and to give his
evidence before this Honourable court with regarding to the above said
documents, in the above matter in the interest of justice.
DEPONENT,
st
Solemnly affirmed before me on this 17 day of April, 2018 at Vizianagaram.
Advocate.
Between:
Smt. Reyyi Pooja w/o Sudeer Kumar, Hindu, aged about 25 years,
R/o L. B. Colony, Cantonment, Vizianagaram.
------- Petitioner/ Petitioner.
AND:-
PETITION FILED UNDER ORDER XVII RULE 6 &7 R/W SECTION 151 OF C.P.C. ON
BEHALF OF THE PETITONER.
1) I, Reyyi Pooja w/o Sudeer, Hindu, aged about 25 years, R/o L. B. Colony,
Cantonment, Vizianagaram, do here by solemnly affirm and state as follows:-
2) I submit that I am the petitioner in the above case. I know all the facts of the
case; I filed the above petition against the respondent for grant of maintenance.
3) I submit that the my marriage with the respondent was performed on 10-05-
2015 as per the Hindu rights and cast custom, after some time some differences
was aroused in between me and the respondent, in spit of my best efforts the
respondent did not take back me in his society and the respondent failed to provide
food, raiment and shelter to me, Hence I filed the above case for granting
maintenance to me.
4) I further submit that the above matter is stands posted to today i,.e,. on 17-
04-2018 for educing further evidence on my side, but I want file some important
documents have to be filed before the Honourable court to prove my case, I further
submit that the said documents are not available with me at the time of filing of my
evidence, recently I obtained those documents i,.e,. 1. Certified copy of Mediation
report dated 03-03-2017, 2. Memorandum of list of presentations given by my
parents to the respondent at the time of our marriage, it is very necessary to me
the said documents to be marked in the above case to prove case, unless the
Honourable court may be pleased to condone the delay in filing the above said
documents, I will be put to great loss and hardship.
DEPONENT,
Solemnly affirmed before me on this 17 th day of April, 2018 at
Vizianagaram.
Advocate.
Between:
Smt. Reyyi Pooja w/o Sudeer Kumar, Hindu, aged about 25 years,
R/o L. B. Colony, Cantonment, Vizianagaram.
------- Petitioner/ Petitioner.
AND:-
PETITION FILED UNDER ORDER VII, RULE 14( ) SECTION 151 OF C.P.C. ON BEHALF
OF THE PETITONER/ PETITIONER.
LIST OF DOCCUMENTS
1) I, Reyyi Pooja w/o Sudeer, Hindu, aged about 25 years, R/o L. B. Colony,
Cantonment, Vizianagaram, do here by solemnly affirm and state as follows:-
2) I submit that I am the petitioner in the above case. I know all the facts of the
case; I filed the above petition against the respondent for granting of maintenance.
3) I submit that the my marriage with the respondent was performed on 10-05-
2015 as per the Hindu rights and cast custom, after some time some differences was
aroused in between me and the respondent, in spit of my best efforts the respondent
did not take back me in his society and the respondent failed to provide food,
raiment and shelter to me, Hence I filed the above case for granting maintenance to
me.
4) I further submit that the above matter is stands posted to today i,.e,. on 17-04-
2018 for educing further evidence on my side, but I want file some important
documents have to be filed before the Honourable court to prove my case, I further
submit that the said documents are not available with me at the time of my
evidence, recently I obtained those documents i,.e,. 1. Certified copy of Mediation
report dated 03-03-2017, 2. Memorandum of list of presentations given by my
parents to the respondent at the time of my marriage, it is very necessary to me the
said documents to be marked in the above case to prove case, unless the Honourable
court is pleased to re-call my evidence for the purpose of marking of the above
mentioned documents, I will be put to great loss and hardship.
5) Therefore I humbly prays that the Honourable court may be pleased to re-
call me to give evidence for the purpose of marking documents i,.e,. 1. Certified
copy of Mediation report dated 03-03-2017, 2. Memorandum of list of presentations
given by my parents to the respondent at the time of our marriage. As Exhibits -A-4
and A-5, in the above matter, in the interest of justice.
DEPONENT,
Solemnly affirmed before me on this 17 th day April, 2018 at
Vizianagaram.
Advocate.
Between:-
b It is further submit that due to lack of children there was some differences
arose in between both the petitioners and as such the 2 nd petitioner left her in-
laws house and came back to her parental house at Korukonda Village during the
month of April, 2013, and since then the 2 nd petitioner residing at Korukonda
Village along with her parents, and the 1 st petitioner is residing at his native place
Rajahmundry along with his other family members. It is further submitted that
the caste elders and family members of both the petitioners sat together on so
many occasions to resolve the dispute amicably between both the petitioners and
all occasions on all the elders advised them to live together for their welfare, but
in vain.
LIST IF DOCUMENTS.
1. Copy of costmary divorce deed dated 13-03-2013.
2. Xerox copy of the Household card belongs to both the petitioners,
3. Copy of the joint photography of both the petitioners,
4. Wedding Invitation card belong to both the petitioners.
5.
Advocate for the petitioners.
And:-
Sri. Sailada Appa Rao ----------Respondent/ Defendant,
PETITION FILED UNDER RULE 131 0F CIVIL RULES OF PRACTICE BY THE ABOVE
NAMED PLAINTIFF.
II. The Respondent is :- Sailada Appa Rao, (died ), S/o late Parasayy,
Hindu aged about 70 years, Retd. Employee, resident of Ayyannapeta
village, Vizianagaram Mandal/ district.
III. It is submitted that the petitioner filed the above suit against the defendant
who was my father, for partition of the plaint schedule properties in two equal
shares. The petitioner further submit that during trial of the suit he filed some
documents on his side which were marked as Ex. A-1 to A-6 and like wise the
defendant filed some documents which were marked as Ex. B-1 to B-6 on his side
and after conclusion of trial the Honourable court was pleased to pass a
preliminary decree on 22-01-2008 to devide some of the items of the plaint
schedule properties in to two equal shares and the rest of the suit is dismissed.
3. It is humbly submit that the father of the petitioner who was the defendant in
the suit filed FDIA 261/2009 for passing final decree in terms of preliminary decree
against the petitioner before the Honourable court and while pendency of the
above numbered FDIA, the petitioner and his father have entered in to a
compromise and submitted a joint memo before this Honourable court to refer the
matter to lok Adalat for recording compromise and on 15-09-2009 the
compromise was recorded and settle the matter between them and an award was
also passed to that effect and according to the terms of the compromise, the
defendant gave up all his rights in the plaint schedule properties in favour of the
petitioner and subsequent to the said award Sailada Appa Rao who was
defendant in the above matter died on 11-10-2009. Under the above stated
circumstances the petitioner is the rightful person to receive the documents from
the Honourable court which were marked as Exhibits B-1 to B-6 through his
deceased father as defendant in the above matter. The petitioner therefore filed
this petition to return the documents listed below, which were marked as Ex. B-1
to B-6, or else the petitioner will be put to irreparable loss.
IV. The cause action arose on 22-01-2008 when the Honourable court was
pleased to pass a preliminary decree and delivered judgment and on 15-09-2009
when an award was passed by the Honourable Lok-Adalat after recording the
compromise between parties and during the pendance of the suit, when the
documents were marked through the defendant and subsequently on 11-10-2009
when the defendant died at Ayyannapeta Village, which is with in the limits of the
Honourable court.
VIII. The petitioner therefore pray that the Honorable court may be
pleased to pass an order to return the under mentioned listed documents which
were marked as Ex. B-1 to B-6 in the above matter, to the petitioner, interests of
justice.
The above particulars are true and correct to the best of my knowledge and
my belief, and signed the same on 01 -04-2014, at Vizianagaram.
Petitioner.
LIST OF DOCUMENTS:-
O S NO: 34 / 1996,
Between:-
Sri. Sailada Venkata Ramana ---------- Plaintiff
And:-
Sri. Sailada Appa Rao ---------- Defendant,
The above particulars are true and correct to the best of my knowledge and
my belief, and signed the same on 01 -04-2014, at Vizianagaram.
Petitioner.
AFFIDAVIT
I, Varri Rama Rao S/o late Yerranna, Hindu, aged about 62 years, cultivation, resident of
Ramavaram Village, Gantyada Mandal, Vizianagaram district, do hereby solemnly affirm state on
oath as follows:-
The land situated in Survey No: 84/26 to an total extent of Ac.0-09 cents of Ramavaram
Revenue villages in Gantyada Revenue Mandal, which is succeeded from my father by name Varri
Yerranna who died intestate long back leaving behind him myself and my brother by name Varri
Narayanappadu as his class-1 legal heirs for his entire estate and my mother also died subsequent
to the death of my father, I further submit that out of the total land in Survey No: 84/26 to an
extent of Ac. 0-09 cents the part of the land to an extent of Ac. 0-05.5 cents are fell to the share of
my brother Varri Narayanappadu and he has been in possession and enjoyment of the same since
long time. Hence I am hereby declare that I have no objection to mutate his name in all the
Revenue records to issue Pattadar pass Book and Title deed Book in favour of my brother Varri
Narayanappadu, in respect of the above said land, for which I have no objection. Hence this
affidavit
DEPONENT
th
Solemnly affirmed before me on this 12 day of October, 2019, at Vizianagaram.