IN THE COURT OF THE HON'BLE 12TH ADDL.
DISTRICT JUDGE
PITHAPURAM
I.A. /2016 in I.A. 337/2016 in O.S.20/2016
Between:
Pynda Veera Venkata Satyanarayana ...
Petitioner/Defendant
and
Pynda Venkata Narasimham . . . Respondent/Plaintiff
AFFIDAVIT FILED BY THE PETITIONER/DEFENDANT
I, Pynda Veera Venkata Satyanarayana s/o Ramanna, age 61 yrs,
Cultivation, resident of Dr.No.5-2-88, Main Road, Pithapuram do hereby solemnly
affirm on oath as follows.
1. I am the petitioner herein and defendant in O.S.20/2016 and I am
conversant with the facts of the proceeding.
2. The plaintiff, having suppressed a material facts mentioned in the reply
legal notice got issued by me, has got filed the suit in which he has knowingly
advanced false claims. In addition to that he has got filed a petition as
I.A.337/2016 for interim attachment of my house before judgment. Due to the
illegal and false claims made by the plaintiff and as well as due to the interim
attachment initiated by the plaintiff on the basis of the false claim I am put to
much mental agony and defamation. I reserve my right to prosecute the plaintiff
and to file a suit for damages against him.
3. On 11-6-2016 I am served with the attachment warrant at 12 noon in which
there is a direction that unless I submit a 3rd party security for Rs.37,53,166/-
(Rupees thirty seven lakhs and fifty three thousand one hundred and sixty six
only) my residential house will be conditionally attached before judgment.
4. The dt.11.06.2016 being a Saturday and the following 12.06.2016 being
Sunday as both days are non judicial working days I am not in a position to know
before which authority I shall express my grievance. Such a situation results in
the violation my human right to legal remedies guaranteed by the Indian
constitution. Besides I am not served with the affidavit and petition copies in
I.A.337/2016 in O.S.20/2016. As such I am not in a position to know the case of
the petitioner in I.A.337/2016 and to put forward my defense against such case.
5. Besides the attachment warrant in Form-7A with B.No.88-A is as
ambiguous as it can be. In the said warrant my name is shown as the plaintiff in
the suit and warrant is addressed to Pynda Venkata Narasimha directing him
"furnish security to fulfill any decree that may be passed against you in the suit or
to show cause why you should not furnish such security and you have failed to
show cause why you should not furnish such security you have failed to furnish
security required within the time fixed by the court it is ordered that you, the said
Pynda Venkata Narasimha, Be and you are hereby prohibited and restrained
until further order of this court, from transferring or changing the properties
described in the schedule here in annexed by sale, gift, or otherwise and that all
persons be, and that they are hereby prohibited and restrained from receiving the
same by purchase, gift or otherwise".
6. In the light of such ambiguity the sanctity and executability of the orders of
their Hon'ble Court will be put to much Jeopardy.
7. Hence I pray the Hon'ble Court to advance the I.A.No.337/2016 in
O.S.20/2016 from 17-06-2016 to the present date for the purpose of granting
stay of the attachment proceedings till the adjudication of the I.A.No: 337/2016
otherwise of which I will be put to grave injustice.
Be pleased to consider,
Deponent:
The above contents are explained to the deponent on and the deponent
having affirmed them to be true on oath, has signed/put LTI on this affidavit in my
presence at Pithapuram on
Attesting Officer.
IN THE COURT OF THE HON'BLE 12TH ADDL. DISTRICT JUDGE
PITHAPURAM
I.A. /2016 in I.A. 337/16 in O.S.20/2016
Between:
Pynda Veera Venkata Satyanarayana
s/o Ramanna, age 61 yrs, cultivation,
Dr.No.5-2-88, Main Road, Pithapuram ...
Petitioner/Defendant
and
Pynda Venkata Narasimham
s/o Ramanna, age 72, calling Nil,
Pyndavari Choultry, Main Road, Pithapuram ...
Respondent/Plaintiff
PETITION FILED BY THE PETITIONER/DEFENDANT U/S 10 OF
CPC R/W 151 CPC
For the reasons stated in the accompanying affidavit the
petitioner/defendant prays to the Hon'ble Court to advance the I.A.No.337/2016
in O.S.20/2016 from 17-06-2016 to the present date for the purpose of granting
stay of the attachment proceedings till the adjudication of the I.A.No: 337/2016
otherwise of which the petitioner will be put to grave injustice
Be pleased to consider,
Advocate for Petitioner/
Defendant.
