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    Set Aside Petition in Cma-34-14

    Uploaded by

    Ravi Kumar
    This document is a petition filed in the Court of the 1st Additional District Judge in Ongole, India. It seeks to set aside an ex-parte order passed against the petitioners in case I.A.2358/2014. The petitioners - Kamala Kumari and her mentally insane son Varun Prasad - argue they missed the previous hearing due to attending a death ceremony and were not willfully absent. They assert they have valid grounds to succeed in the case and will face irreparable loss if the ex-parte order is not set aside. The petition is accompanied by an affidavit from Kamala Kumari providing details of the circumstances and requesting the order be set aside in the interest of justice.

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    Set Aside Petition in Cma-34-14

    Uploaded by

    Ravi Kumar
    368 views4 pages
    This document is a petition filed in the Court of the 1st Additional District Judge in Ongole, India. It seeks to set aside an ex-parte order passed against the petitioners in case I.A.2358/2014. The petitioners - Kamala Kumari and her mentally insane son Varun Prasad - argue they missed the previous hearing due to attending a death ceremony and were not willfully absent. They assert they have valid grounds to succeed in the case and will face irreparable loss if the ex-parte order is not set aside. The petition is accompanied by an affidavit from Kamala Kumari providing details of the circumstances and requesting the order be set aside in the interest of justice.

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    This document is a petition filed in the Court of the 1st Additional District Judge in Ongole, India. It seeks to set aside an ex-parte order passed against the petitioners in case I.A.2358/2014. The petitioners - Kamala Kumari and her mentally insane son Varun Prasad - argue they missed the previous hearing due to attending a death ceremony and were not willfully absent. They assert they have valid grounds to succeed in the case and will face irreparable loss if the ex-parte order is not set aside. The petition is accompanied by an affidavit from Kamala Kumari providing details of the circumstances and requesting the order be set aside in the interest of justice.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    368 views4 pages

    Set Aside Petition in Cma-34-14

    Uploaded by

    Ravi Kumar
    This document is a petition filed in the Court of the 1st Additional District Judge in Ongole, India. It seeks to set aside an ex-parte order passed against the petitioners in case I.A.2358/2014. The petitioners - Kamala Kumari and her mentally insane son Varun Prasad - argue they missed the previous hearing due to attending a death ceremony and were not willfully absent. They assert they have valid grounds to succeed in the case and will face irreparable loss if the ex-parte order is not set aside. The petition is accompanied by an affidavit from Kamala Kumari providing details of the circumstances and requesting the order be set aside in the interest of justice.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 4

    IN THE COURT OF THE 1st ADDL.

    DISTRICT JUDGE, ONGOLE


    I.A.No.
    /2015
    in
    I.A.No.2358/2014
    in
    C.M.A.No.34/2014
    Between:
    1. Kanneganti Kamala Kumari,
    W/o.Late Prabhakara Rao, Hindu,
    Aged about 50 years, House Wife,
    R/o.Santhapet, Ongole.
    2. Kanneganti Varun Prasad,
    S/o.Late Prabhakara Rao, Hindu,
    Being mentally insane rep. by his mother,
    1st respondent/petitioner as natural guardian.
    R/o.Santhapet, Ongole.
    Petitioners/Respondents
    And
    Matampalli Pavani Kumar
    S/o.Late Sri Rama Sarma,
    Aged 32 years, D.No.56-1-35(1),
    Near South Railway Cabin,
    Pothurajupalem.

    ...Respondent/Appellant

    PETITION FILED ON BEHALF OF THE


    PETITIONERS/RESPONDENTS UNDER ORDER IX RULE 7
    R/W Or 41 R 19 AND Sec.151 OF C.P.C.
    For the reasons stated in the accompanying affidavit, the

    petitioner prays the Honble Court to set aside the ex-party


    order,
    dt.27-01-2015

    passed against the respondents 1 & 2 in

    I.A.2358/2014 in C.M.A.No.34/2014 and pass such other


    appropriate orders, as the Honble Court deems fit and proper, in
    the interest of Justice.
    Be pleased to consider
    Ongole,
    Date:31-07-2015.

    Advocate for the Petitioners/Respondents

    IN THE COURT OF THE 1st ADDL. DISTRICT JUDGE, ONGOLE


    I.A.No.2358/2014
    in
    C.M.A.No.34/2014

    Between:
    Matampalli Pavani Kumar

    ..Appellant
    Vs

    Kanneganti Kamala Kumari and another

    ..Respondents

    AFFIDAVIT FILED UNDER SECTION 139 OF C.P.C.


    I, Kanneganti Kamala Kumari, W/o.Late Prabhakara Rao,
    Hindu,
    Aged about 50 years, House Wife, R/o.Santhapet, Ongole,
    Prakasam District, do hereby solemnly affirmed and state on
    oath as follows.
    1.

    I am the 1st respondent in the above C.M.A.34/2014 and

    the 2nd respondent is my son and being mentally insane and


    rep. by me as natural guardian and I am giving this affidavit on
    behalf of 2nd respondent also. I am well acquainted with the
    facts of the case.
    2.

    I humbly submit the Honble Court that the above

    I.A.No.2358/2014 was posted to 27-01-2015 for filing counter


    on my behalf. But, I failed to appear before the Honble Court
    on that day as I held up in Vijayawada for attending death
    ceremony. After that I returned to Ongole and I came to know
    that I was made ex-party in the above I.A.No.2358/2014. There
    is no willful default on my part in not filing counter in the
    above case. It is just and necessary to set aside the ex-party
    order, dt.27-01-2015. I am having good grounds to succeed in
    the above case, so, that I am advised to file this application,

    otherwise I will be put irreparable loss.

    I am herewith filing

    Counter in I.A.No.2358/2014 along with this petition.


    3.

    Hence, I pray the Honble Court to set aside the ex-parte

    order
    dt.27-01-2015 passed against the respondents 1 & 2 in I.A.2358/2014
    in the above C.M.A.No.34/2014, in the interest of Justice.

    DEPONENT

    Solemnly affirm and signed before me this the 31st day of July, 2015
    Advocate, Ongole.

    V.V.P.K

    *******************************
    IN THE COURT OF THE 1st ADDL.
    DISTRICT JUDGE, ONGOLE
    I.A.No.
    /2015
    I.A.No.2358/2014
    C.M.A.34/2014

    PETITION FILED ON BEHALF OF


    THE PETITIONERS/RESPONDENTS
    UNDER ORDER 9 RULE 7 r/w Or 41 R
    19 & SEC.151 OF C.P.C.

    FILED BY:Sri. V.VENKATA PAVAN KUMAR,


    ADVOCATE, ONGOLE.

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