IN THE HIGH COURT OF JUDICATURE OF ……………AT ………………
C.M.P No…………….. of 20…….
In
C.M.A.No……………. of 20 …….
Between :
A.B. – Petitioners/Appellants
And
C.D. … Respondent
Affidvit of the first petitioner abovenamed
I, Mr……………………………………………………………..…………,
S/o……………………………………………………..…….…………….., an adult Indian inhabitant,
Occupation : ……………………………………………..…………..,
residing at ……………………………………………………………… solemnly affirm and state on oath as follows :
1. That I am the ……………………………………… petitioner herein and the …………………….…………. petitioner is my wife and the …………………………………..…….. petitioner is my son 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 petitioners who have authorised me to file the same.
2. I crave the leave of this Hon’ble Court to read the contents of the Memorandum of Grounds of Appeal as part and parcel of this affidavit also for better appreciation of the facts and circumstances of the case.
3. I submit that I am the karta and the manager of our joint family. I further submit that we received suit summons and we engaged one Sri…………………………………….., Advocate, Nuzvid as our counsel in the year ……………………….………. and from that time onwards when ever I informed I have been attending his office and the Court without fail.
4. I further submit that I came to know through a letter that the suit was decreed with costs in my absence. At that time I was in bed rest as advised by the Doctor Sri. ……………………..………….. during the period from ………………………………… to …………………………………. due to enteric fever and bleeding plies after receipt of the said letter, I came to due to enteric fever and bleeding piles after receipt of the said letter, I came to know that because of no instructions the suit was decreed exparte. In the said circumstances I filed an application to set aside the exparte decree and the decree was set aside on my depositing the suit costs and accordingly I deposited the suit costs but however the Court below dismissed my application on the ground that the suit costs were deposited on a later date. The court below did not appreciate the docket entries and also the acceptance of challan for deposit of costs. The Court below had not properly appreciated the facts and circumstances of the case and had erroneously dismissed my application. Taking advantage of the dismissal of my application, the respondent is trying to execute the decree in O.S.No……………………………………….. of …………………..………….. on the file of the Court of the Subordinate Judge, ……………………………………………..…….. and if the respondent is successful in doing so, I will be put to irreparable loss, grave suffering, great hardship, heavy injury, and serious loss.
Under these circumstances, it is just and necessary in the interests of justice, that this Hon’ble Court may be pleased :
“To stay all further proceedings in O.S.No…………………………………… of ……………………….. on the file of the Court of the Subordinate Judge, ………………..……………… including the execution of the decree in O.S.No……………….. of ………………. On the file of the Court of the Subordinate Judge, …………………………… pending the disposal of the above Civil Miscellaneous Appeal.” 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, or otherwise, we will be put to irreparable loss, grave suffering, great hardship, heavy injury and serious loss. As we have already suffered a lot regarding the illegal acts of the respondent and if the action of the respondent is permitted, we will be put to irreparable loss, grave suffering, great hardship, heavy injury and serious loss, since the same is not sustainable in the eye of law.
Deponent
Before me
Solemnly affirmed at …………………
on this …………….. day of………….. 20……
Advocate………………
MISC. PETITION Under Order 41, Rule 5 r/w.
Section 151 of C.P.C
IN THE HIGH COURT OF JUDICATURE OF ………………
AT ……………
C.M.P.No……….. of ………20….
In
C.M.A.No………… of………… 20….
Between :
A.B. … Petitioners/Appellants
and
C.D. … Respondent
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 O.S.No…………………………………. of ………………………..………. On the file of the Court of the Subordinate Judge, …………………………………..…….., including the Execution of the Decree in O.S.No………………..…… of …………………. On the file of the Court of the Subordinate Judge, ………………………..…………. Pending the disposal of the above C.M.A. 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 :
Dated :
Advocate for petitioners