IN THE COURT OF III ADDL.
DISTRICT AND SESSIONS JUDGE, ANEKAL
EX.NO. 5004 OF 2022
BETWEEN:
Shivakumar … Decree holder
AND:
Ashok kumar and others ... Judgment deter
In IA no…/2024
Shivakumar … Decree holder
AND:
Ashok kumar and others ... Judgment deter
APPLICATION UNDER ORDER V RULE 20[1-A] r/w. SECTION 151 OF CODE OF
CIVIL PROCEDURE, 1908
That for the reasons sworn to in the accompanying Affidavit, the
Petitioner, above-named, humbly prays that this Hon’ble Court be pleased to permit the
Petitioner to take out Notice of Suit Summons on Respondent in the daily Newspaper in
“Hosadigantha” by way of substituted service, in the interest of justice and equity.
PLACE: anekal
DATED: … ADVOCATE FOR DECREE HOLDER
IN THE COURT OF III ADDL. DISTRICT AND SESSIONS JUDGE, ANEKAL
EX.NO. 5004 OF 2022
BETWEEN:
Shivakumar … Decree holder
AND:
Ashok kumar and others ... Judgment deter
AFFIDAVIT
I, shivakumar S S/o ventkaswami,aged about 45 years, R/at no.
1-9-23/1, Tempal Alwal secunderabad Hyderabad, today at anekal do hereby
solemnly affirm and state on oath as under:
1. I am the Decree holder in the above case and I am fully conversant
with the facts of the case. Hence, I am swearing to the contents of this
affidavit.
2. I submit that I have filed the above case against Respondent by way of
passing execution of judgment in the interest of justice and equity and/or
pass any other orders as this Hon’ble Court may deem fit to grant in the
circumstances of the case, including cost, in the interest of justice and
equity.
3. It is submitted that the Respondent has been issued summons several
times but she is avoiding suit summons deliberately.
4. That the applicant is seeking to permit the Petitioner to take out Notice
of case Summons on Respondent in the daily Newspaper in “Hosadigantha”
by way of substituted service, in the interest of justice and equity. Since the
matter is most urgent and the present situation is most critical one, in the
interest of justice and equity.
5. The facts and circumstances and the facts are narrated in the main
petition and the same may be read along with this application to avoid the
repetition.
The above contents stated by me are true and correct to the best of my
knowledge information and belief.
Identified by me DEPONENT
Advocate
Place: Anekal
Date:
No. of corrections:
IN THE COURT OF III ADDL. DISTRICT AND SESSIONS JUDGE, ANEKAL
EX.NO. 5004 OF 2022
BETWEEN:
Shivakumar … Decree holder
AND:
Ashok kumar and others ... Judgment deter
APPLICATION UNDER SECTION 151 OF THE CODE OF CIVIL
PROCEDURE
For the reasons stated in accompanying Memorandum of Facts, Plaintiff
respectfully prays that this Hon’ble court pleased to advance the above case
from 13-09-2024 to today, in the interest of justice.
Anekal,
Date: Advocate for Decree holder
IN THE COURT OF III ADDL. DISTRICT AND SESSIONS JUDGE, ANEKAL
EX.NO. 5004 OF 2022
BETWEEN:
Shivakumar … Decree holder
AND:
Ashok kumar and others ... Judgment deter
MEMORNADUM OF FACTS
I, do hereby state as under:
1. I am the counsel for the plaintiff in the above case and I am conversant
with the facts of the case.
2. That the plaintiff files above suit for decree of partition and separate
possession of the suit schedule properties and for permanent injunction
restraining the defendants, their agent, servants, administrators, henchmen
or anybody claiming through or under them , from alienating the suit
schedule properties,.
3. That the Hon’ble court on 23.03.2016 was pleased to pass the interim
order restraining the defendants, their agent, servants, administrators,
henchmen or anybody claiming through or under them , from alienating the
suit schedule properties
4. That the on being myself on record counsel for plaintiff was held up in
High court therefore his colleague appeared in this case as she missed to do
the needful for extension of IO.
5. I further state that if the application is not allowed would severely
affect the plaintiff with great amount of hardship and loss on other hand
there is no amount of loss caused to defendants.
WHEREFORE, I pray for to consider to allow this application may be allowed
in the interest of justice and equity.
Bengaluru Advocate
Date:
