IN THE HIGH COURT OF THE JUDICATURE OF …………….AT ……………….
C.M.P. No……………….. of 20…………
In
C.R.P No ……………… of 20 ………..
A.B. … Petitioner
And
C.D. … Respondents
Affidavit of the petitioner abovenamed
I, Mr…………………………….……….…, an adult Occupation:………..……………………. residing at…………………. …………………………….District…………………………………………… do hereby solemnly affirm and state as follows :
1. That I am the petitioner herein and also the petitioner in the above Civil Revision Petition and the respondent in I.A.No ……………………………….……… of …..…………… in O.S.No…..…………..……………. of ……………………… on the file of the Court of the Additional Senior Civil Judge, …………………………………………, and as such am well acquainted with the facts of the case. I am swearing this affidavit on my behalf and on behalf of the second petitioner also who have authorised me to file the same.
2. I submit that the respondents herein filed a suit O.S.No. ………………..…………. of …………..……………… for partition of the 1/2 share in the plaint schedule properties. It is submitted that the plaint schedule properties are not liable for partition since they are my separate properties which I got virtue of a Registered Will dated…………………………………..……………
3. I further submit that inasmuch as a crime was registered against me, the house was kept under lock and key.
4. I also submit that a Commissioner was appointed for the purpose of taking inventory and the Commissioner had noted the list of properties and articles and in the said circumstances the keys are to be delivered to me.
5. I also further submit that the Court below had erroneously directed furnishing of security for the purpose of delivering the keys. Such a direction is totally unsustainable in Law. It is submitted that if there is a delay the pronotes and other important documents will be time barred.
6. I also further submit that the Court below also directed that the articles are to be delivered on furnishing security and in default of furnishing security by me. Some of the articles on furnishing security to be delivered to the respondents. Such a direction is unsustainable and without jurisdiction.
7. In the said circumstances, it is necessary to direct the delivery of keys of the plaint schedule house to me without insisting for any security or otherwise, I will be put irreparable loss, grave suffering, great hardship, heavy injury and serious loss.
8. I humbly submit that all further proceedings are to be stayed in the application giving direction to deliver some of the articles on condition of furnishing the security.
9. I crave the leave of this Hon’ble Court to read the contents of Memorandum of Grounds of Civil Revision Petition may be read as part and parcel of their affidavit also for better appreciation of the facts and circumstances of the case.
Under these circumstances it is just and necessary in the interests of justice, that this Hon’ble Court may pleased to stay all further proceedings in I.A.No……………………..………. of …………………………………. in O.S.No………………………….………………. of …………………………………… on the file of the Court of the Additional Senior Civil Judge, ……………………………………..…………, pending the disposal of the above Civil Revision Petition, and the police had taken the keys and deposited the same in the Court and pass such other order to orders as this Hon’ble Court may deem fir and proper in the circumstances of case, or otherwise, I will be put to irreparable loss, great hardship, heavy injury and unsustainable damage.
Deponent
Before me
Solemnly affirmed at …………………
on this …………….. day of………….. 20……
Advocate………………
MISC. PETITION Under Section 151 OF C.P.C
IN THE HIGH COURT OF THE JUDICATURE OF …………….
AT ……………….
C.M.P. No……………….. of 20…………
In
C.R.P No ……………… of 20 ………..
Between :
A.B. … Petitioner/Petitioner
And
C.D. … Respondents/Respondents
For the reasons and in the circumstances stated in the accompanying affidavit, the petitioners herein pray in the interests of Justice, that this Hon’ble Court may be pleased to stay all further proceedings in I.A.No…………………..……… of …………………………… in O.S.No…………………………….. of …………… on the file of the court of the Additional Senior Civil Judge, ………………………….………., pending the disposal of the above Civil Revision Petition, 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.
Place :
Date :
Advocate for petitioner