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Petition to Set Aside Ex-Parte Order

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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Ravi Kumar
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1K views4 pages

Petition to Set Aside Ex-Parte Order

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.

Uploaded by

Ravi Kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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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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