In The Court of Addl Senoir Civil Judge at Kadapa

 

IN THE COURT OF ADDL SENOIR CIVIL JUDGE AT KADAPA I.A No.486/2018 In O.S No.140/2017 … Petitioner/ Defendant  P.Mohan Reddy Vs.

… Respondent/Plaintiff

D.V.Narasimha D.V.Narasimh a Reddy

COUNTER FILED ON BEHALF OF THE RESPONDENT

1. The petition is unjust and not maintainable either in law or on facts. 2.

The petitioner is put to strict proof on all the allegations

made in the affidavit which are not expressly admitted here in by this Respondent. 3.

The Honourabl Honourable e court was pleased to pass decree in favour of

the plaintiff on 14-11-2017. The petitioner/defendant received court summons and attachment petition notice in this suit. The attachment of the house property of the petitioner was made by the court Amein by beat of TomTom in that area of the house of the defendant. The petitioner defendant did not appear in the Honourable court in obedience to court summons and attachment notice. The petitioner is watching all the proceedings in this suit. The petitioner/defendant internationally absented from attending to the Honourable court on the date when he is bound to appear in the Honourable as per the court summons and court attachment notice. The petitioner with malafide intention filed this false petition to protract the proceeding of the Honourable court. 4.

The petitioner was not suffering from ill-health. The

petitioner has been keeping very good health even on 14-11-2017. There is no reasonable ground to Condon the delay in filing the set-aside petition. The petitioner did not submit any valid reason for every days delay in filing the set-aside petition. The petitioner did not file medical certificate for proving his ill-health of the petitioner on 14-1114-11-2017. 2017. There are no merits in this petition. The petition is liable to be dismissed. The delay need not be condoned since the petitioner intentionally with fraudulent

intention

for

causing

loss

respondent/plaintiff responden t/plaintiff filed this false petition.

and

injustice

to

the

 

:: 2 :: Prayer:   Therefore the respondent prays that Honourable court 5. Prayer: may be pleased to dismiss this petition with exemplary costs in the interest of Justice. In case if the Honourable feels to allow this petition respondentt prays that the Honourable responden Honourable court may be pleased to allow this petition on costs of Rs.15,000/- for meeting the ends of the Justice.

The above stated facts are verified and those facts are true and correct to the best of my knowledge, information, and belief and signed this at Kadapa on 6th Day of July 2018.

 Advocate for the respondent/plaintiff respondent/plaintif f

 

IN THE COURT OF ADDL SENOIR CIVIL JUDGE AT KADAPA

I.A No.486/2018 In O.S No.140/2017 P.Mohan Reddy … Petitioner/ Defendant  Defendant  Vs.

D.V.Narasimha Reddy … Respondent/Plaintiff  

COUNTER FILED ON BEHALF OF THE RESPONDENT

Filed by:

Sri. K. Venkata Reddy, B.Com., B.L., Advocate for the respondent/plaintiff, respondent/plaintiff,

Kadapa

 

IN THE COURT OF ADDL SENOIR CIVIL JUDGE AT KADAPA I.A No.487/2018 In O.S No.140/2017 … Petitioner/ Defendant  P.Mohan Reddy Vs.

D.V.Narasimha D.V.Narasimh a Reddy

… Respondent/Plaintiff

COUNTER FILED ON BEHALF OF THE RESPONDENT

1. The petition is unjust and not maintainable either in law or on facts. 2.

The petitioner is put to strict proof on all the allegations

made in the affidavit which are not expressly admitted here in by this Respondent. 3.

The Honourabl Honourable e court was pleased to pass decree in favour of

the plaintiff on 14-11-2017. The petitioner/defendant received court summons and attachment petition notice in this suit. The attachment of the house property of the petitioner was made by the court Amein by beat of TomTom in that area of the house of the defendant. The petitioner defendant did not appear in the Honourable court in obedience to court summons and attachment notice. The petitioner is watching all the proceedings in this suit. The petitioner/defendant intentionally absented from attending to the Honourable court on the date when he is bound to appear in the Honourable as per the court summons and court attachment notice. The petitioner with malafide intention filed this false petition to protract the proceeding of the Honourable Honourab le court. The petitioner has no right to file this petition since he has malafide intention and voluntarily kept himself away from appearing in the Honourable court on 14-11-2017 when the suit was called for hearing of the parties in the Honourable court. 4.

The petitioner was not suffering from ill-health. The

petitioner has been keeping very good health even on 14-11-2017. There is no reasonable ground to set-aside to exparte decree dated 14-11-201 14-11-2017 7 passed by the Honourable court after giving sufficient time to petitioner for appearing in Honourable court. The petitioner did not submit any valid reason for absenting in appearing in the Honourable court on 14-112017. The plea of ill-health of the petitioner is totally incorrect and false and that plea was taken for filing this false petition. The petitioner did not

 

:: 2 :: file medical certificate issued by the RIMS doctor for proving his ill-health of the petitioner on 14-11-2017. There are no merits in this petition. The petition is liable to be dismissed. The petition need not be allowed since the petitioner intentionally with fraudulent intention for causing loss and injustice to the respondent/plaintiff filed this false petition. The petitioner has to deposit half of the decree amount Rs. 6,60,000/- in the Honourable court for setting aside the exparte decree with the permission permissio n to the

respondent/pla respondent/plaintiff intiff to withdraw that amount

unconditionally. 5. 5.   Prayer: Prayer:   Therefore the respondent prays that Honourable court may be pleased to dismiss this petition with exemplary costs in the interest of Justice. In case if the Honourable feels to allow this petition, the respondent prays that the Honourable court may be pleased to allow this petition on depositing half of the decree amount Rs. 6,60,000/- in the Honourable court for setting aside the exparte decree with the permission permissio n to the respondent/p respondent/plaintiff laintiff to withdraw that amount unconditionally unconditi onally for meeting the ends of the Justice.

The above stated facts are verified and those facts are true and correct to the best of my knowledge, information, and belief and signed this at Kadapa on 6 th Day of July 2018.

 Advocate for the respondent/plaintiff

 

IN THE COURT OF ADDL SENOIR CIVIL JUDGE AT KADAPA

I.A No.487/2018 In O.S No.140/2017 P.Mohan Reddy … Petitioner/ Defendant  Defendant  Vs.

D.V.Narasimha Reddy … Respondent/Plaintiff

COUNTER FILED ON BEHALF OF THE RESPONDENT

Filed by:

Sri. K. Venkata Reddy, B.Com., B.L., Advocate for the respondent/plaintiff, respondent/plaintiff,

Kadapa