1.Sam.V.K (Mentally Challenged) 0 ee le or ee PATHANAMTHITTA Ni 232 OF 2017 Between Petitioners/Plaintiffs By next friend 2. Shani.V.K And James.V.Kurian a Counter petitioners/ And 2 others Defendants : AFFIDAVIT 1, Shani.V.K, D/o V.KKurian, aged 39 years, resident of Vilayil House, Chenneerkkara Muri, Chenneerkkara Village, Kozhencherry Taluk, Pathanamthitta District, do hereby solemnly swear and slate as follows:- * I am the second plaintiff in the suit and second petitioner in the accompanying application. I am conversant with the facts of the case and this affidavit is shorn to for and on behalf of first petitioner. The suit is for Perpetual injunction. The averments in the plaint may be read as part of this affidavit. . I and the Ist plaintiffs are the only pal hers ots V.K.Kurian and Aleyamma John, Vilayil House, Chenneerkara Muri, Chenneerkara Village in their lawful wedlock. Aleyamma John died on 20.06.2013 and father V.K.Kurian died on 17.06.2017 intestate. . 1" plaintiff is mentally and physically/ disabled having permanent disability of 75% and is not able to sue or be sued. He is living under my care protection and guardianship and the suit is instituted on his behalf by me as next friend. 1* defendant is the brother of plaintiffs father Late V.K.Kurian 2” defendant is his wife and 3" defendant is the daughter of 1" defendant. . Along with the suit we have filed I.A.No.1188/2017 for an interim injunction restraining counter petitioners from trespassing upon plaint item Property, interfering in any manner with plaintiff's right, title and interests therein, from causing any disturbance to plaintiff's residence there and enjoyment of it and from committing any sort of waste or mischief therein till the disposal of the suit. Deponentet? 6. After hearing both sides by order dated 10. 2020 this Hon’ble Court allowed the same whereby the counter petitioners are restrained from committing the aforesaid acts till the disposal of suit. However in utter disregard of the same the counter Petitioners broke open the locks of the: residential building in plaint schedule property and used to trespass upon the premises. Whenever we arrive ai the premises and seen the act of trespass We used to complain to the local police and on their intervention the counter Petitioners used to retract. 7. While so they filed an appeal fcom the order of the Hon’ble Court on 26.08.2020 as C.M.A .No.31/2020 wherein it is stated that they are residing in the building in plaint schedul2 property. After filing the appeal on 26.08.2020 sometimes thereafter they trespassed tipon the building in plaint schedule property by break ing_opzn its doors and is now residing there by force. “They were residing at the adjacent western property and it is stated by them in The written statement also. The above act of trespass is committed under the guise of the aspeal. It is an interference with our right Possession and enjoyment of the property and tight of residence there. Because of the pendency of appzal the police authorities also does not interfere in the matter and as such, Petitioners are deprived of the benefit of the injunction order. It is so done willfully in utter disregard of the injunction order passed by this Hon’ble Court knowing it fully well with the intention to violate the same and as such they are liable to be prosecuted for the same. 9. In the circumstance the counter p:titioners/defendants are to be prosecuted for disobedience of the order of te court and their property is liable to be attached. They are to be detainec in civi! prison and their properties are liable to be attached for upholding the majesty of this Honourable Court. A separate application is filed herewith for such an order and it is humbly prayed that this Honourable Court be pleased to allow the same. All that stated above are true and correct ts the best of my knowledge, information and belief. Dated this the tay of October, 2020. Deponent : Shani.V.K(S¢ ) Solemnly affirmed and signed before me by the deponent, who is personally known to me on this the day of October, 2020 in my Office at Pathanamthitta Advocate: KN. YESODHARAN ) saa!BEFORE THE HONOURABLE MUNOSEBR SNM PATHANAMTHITTA LA.NO. g OF 2020 IN O.S.NO. 23% OF 2017 Between 1.V.K. Sam, SloVKKurian, Vilayil House, Chenneerikara Muri, Chenneerkkara Village, Kozhencherry Taluk, : Petitioners/Plaintiffs Pathanamthitta District. (Mentally challenged) represented by sister and next friend 2™ plaintiff. Bay 87 de de 2. Shani.V.K, D/o V.K.Kurian, Vilayil House, Chenneerikara Muri, Chenneerkkara Village, Kozhencherry Taluk, Pathanamthitta District And 1James V.Kurian, S/o Kurian, Vilayil House, Murippara Muri, Chenneerkara Village, Kozhencherry Taluk, +: Counter petitioners! Pathanamthitia District. Defendants 2, Susan James, ‘Wo James, Vilayil House, Murippara Muri, Chenneerkara Village, Kozhencherry Taluk, Pathanamthitta District. 3. Jincy, D/o James, Do-do-do. PPLICATION FI IDER SECTIONS 94, 151 AND JER. ILE. IF For the reasons given in the accompanying affidavit it is humbly prayed that this Honourable Court be pleased to prosecute the counter petitioners/defendants for willfully violating the order of injunction passed by this Honourable Court in 1.A.NO.1188/2017 in the above suit by detaining them in Civil Prison and by attachment and sale of their properties schedule of which will be filed as and when called for by this Honourable Court. Dated this the day of October, 2020. Ay Vue Cory Ady. K.N. YESODHARAI Petitioner's Counsel. Dawe cableI$. pe ts) ho. fits