C.M.P. No……….. of …….. 20……..

in
C.R.P. No………… of 20……..

Between :

……………………..
…………………… ……Petitioner/Petitioners
and
……………………..
……………………. ….Respondent/Respondent

Affidavit file by the 1st petitioner herein

1. I, ……………..,
S/o. …………………….,.
aged about ……………. years,
R/o. ………….., ………………
Colony, ……………..
Town, ………………. District,
and now having temporarily come down to …………………..
do hereby solemnly and sincerely affirm an state on oath as follows :

2. That I am the …………………………… Petitioner herein and the…. ………………………….… petitioner is my son and so such I am well acquainted with the facts of the case. I am swearing this affidavit on my behalf and on behalf of the …………………………..…………..,,,, petitioner also who has authorized me to file the same.

3. I crave the leave of this Hon’ble Court to read the contents of the Memorandum of Grounds of Revision Petition part and parcel of this affidavit for better appreciation of the facts and circumstances of the case.

4. I submit that the respondent filed I.A. No. ……………………………………
of ………… ………………
in O.S.No. ………………………………………….
of ………………………… on the file of the Court of the Senior Civil Judge, ………………………………………………………….. for appointment of the Commissioner for examining the handwriting expert at ……………..…………… and the Superintendent of Passport Office at …………………………………. under Order 26 Rule 1 C.P.C. and the Court below has been observed that the provision has no application, erroneously allowed the said application.

5. I further submit that the respondent in O.S.No. …………………………………….
was examined as DW-1 on ……………. and ………………………………….. The falsity of her case had been fully covered by and exposed to the last syllable. On seeing such evidence and developments in the matter, she has filed this application for appointment of commissioner to examine two different witnesses, at two different places namely at …………………………………………………
and ……………………………………………..…… We submit that subsequent to her examination, the respondent managed with those witnesses and she is purposefully screening them to appear before the Court below for the purpose of giving evidence. The reasons assigned by her for examination of those witness on commission are the most unsatisfactory and do not inspire the confidence of this Hon’ble Court. Therefore, the respondent has no right to get them examined on Commission, by causing unsurmountable and serve inconvenience and hardship to us and our counsel. Further there are no such emergent circumstances existing in the matter for our examination, on Commission. Needless to submit that this device is resorted to by her very cleverly to prevent us from going to either………………………. or ………………..……………… which are the far off places from the local limits. It is pertinent to submit here that I have been suffering from high B.P. and sugar complaint. I have been kept on strict diet. Further I have been suffering from Diabetic ulcer on the right foot and also advised not to undertake any journey.

6. We further submit that ………………………………….. is at a distance of ………….. K.Ms. from my village and ……………………………. is at a distance of …………. K.M.s. The presence of PW-1 is very much essential and necessary at the time of the examination of the above witnesses, in view of the seriousness of the allegations made and the density of the matter. If the request of the respondent is going to be accepted, we may not be in a position to go to the above places for examination of the witnesses, on Commission. It would further cause trouble not only to us but to the advocates on record also. We may have to incur heavy expenditure for visiting ……………………………………………… and …………………………………………….., where the witnesses are stationed. It is with this motive in mind, this applications filed by the respondent, to avoid inconvience and hardship, the respondent can as well secure our presence for examination of the above witnesses at ………………………………..…………. itself so that the Court below will also be in a position to observe the demeanour. In the cross examination portion of DW-1, the suspicious circumstances under which the suit agreement (Ex.A-1) was taken out, were also pointed out. By appointing any commissioner to examine the handwriting expert at ……………., the Court below will be losing the custody of the original suit document. The same thing had happened when the respondent obtained the report, without or knowledge in connection with Cr. No. ……………………………………………
of ……………………………………………………………………………….. Town P.S. Hence we have no hesitation to submit that in order to take the suit agreement out of the custody of the Court below, the respondent has come up with this application, at this point of time. Further in view of the serious objections filed to the report of the handwriting expert in O.S. No……………………………….,
the examination of such witness at …………………………………………….
alone is desirable. The objections of us may kindly be perused in this regard. Moreover the respondent is the resident of the …………………………….……
city and the 2nd witness is also at ………………………………..……………
Under the above said circumstances we have got our own doubt about the safety of our lives. Even though Ex.B-16 passport of DW-1 has been summoned from the Court of the Judicial First Class Magistrate, ……………………………………… to the Court below, the respondent has made very baseless and wild allegations for the missing of page Nos. 5, 6, 15 and 16 attributing collusion between us and the Court staff of O.M.F.C. ………………………………………………………….
Such has been the conduct of the respondent and the seriousness of the allegations made, in connection with I.A.No. ………………………………….………
of …………………………………………………………………, filed under Order 13 Rule 2 C.P.C. If the witnesses are examined at …………….
and …………………………………………………………………..….., as prayed by the respondent, we may not have the services of our advocate at those places for various reasons.

7. We also submit that we have strong prima facie case and the balance of convenience is also in our favour and in the said circumstances if the interim stay of all further proceedings in O.S.No. …………………………………………….. on the file of the Court of the Senior Civil Judge, ………………………………, we will be put to irreparable loss, heavy injury, great loss, and grave suffering.

Under these circumstances, it is just and necessary in the interests of Justice, that this Hon’ble Court may be pleased to grant interim stay of all further proceedings in O.S.No. …………………………………………………………………………………………………………….. of ……………………………………………………………………………….… on the file of the Court of the 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.

Deponent
Before me
Advocate, Hyderabad

Solemnly and sincerely 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.R.P. No………… of 20……..

Between :

……………………..
…………………… ……Petitioner/Petitioners

and

……………………..
……………………. ….Respondent/Respondent

For the reasons in the circumstances stated in the accompanying affidavit, the petitioner herein pray in the interests of Justice, that this Hon’ble Court may be pleased to grant interim stay of all further proceedings in O.S.No. ………………………………………………………..…… of …………………………………………………………… on the file of the 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 :

Dated :

Advocate for Petitioner

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