IN THE HIGH COURT OF JUDICATURE OF …………………

AT …………………

C.M.P. No……….. of …….. 20……..

in
C.R.P. No………… of 20……..

Between :

……………………..
……………………                                                      ……Petitioner/Petitioners
and
……………………..
…………………….                      ….Respondent/Respondent

Affidavit file by the 1st petitioner herein

1.     I, ……………..,
S/o. …………………….,.
aged about ……………. years,
R/o. ………….., ………………
Colony, ……………..
Town, ………………. District,
and now having temporarily come down to …………………..
do hereby solemnly and sincerely affirm an state on oath as follows :

2. That I am the …………………………… Petitioner herein and the…. ………………………….…

petitioner is my son and so such I am well acquainted with the facts of the case. I am swearing this
 affidavit on my behalf and on behalf of the …………………………..…………..,,,, petitioner also
who has authorized me to file the same.

3. I crave the leave of this Hon’ble Court to read the contents of the Memorandum of Grounds of
Revision Petition part and parcel of this affidavit for better appreciation of the facts and circumstances of
the case.

4. I submit that the respondent filed I.A. No. ……………………………………

of ………… ………………
in O.S.No. ………………………………………….
of ………………………… on the file of the Court of the Senior Civil Judge,
………………………………………………………….. for appointment of    the Commissioner for
examining the handwriting expert at ……………..…………… and the Superintendent of Passport Office
at …………………………………. under Order 26 Rule 1 C.P.C. and the Court below has been observed
that the provision has no application, erroneously allowed the said application.

5. I further submit that the respondent in O.S.No. …………………………………….

was examined as DW-1 on ……………. and ………………………………….. The falsity of her case had
been fully covered by and exposed to the last syllable. On seeing such evidence and    developments in the
matter, she has filed    this application for appointment of commissioner to examine two different
witnesses, at two different places namely at …………………………………………………
and ……………………………………………..…… We submit that subsequent to her examination, the
respondent managed with those witnesses and she is purposefully screening them to appear before the
Court below for the purpose of giving evidence. The reasons assigned by her for examination of those
witness on commission are the most unsatisfactory and do not inspire the confidence of this Hon’ble
Court. Therefore, the respondent has no right to get them examined on Commission, by causing
unsurmountable and serve inconvenience and hardship to us and our counsel. Further there are no such
emergent circumstances existing in the matter for our examination, on Commission. Needless to submit
that this device is resorted to by her very cleverly to prevent us from going to
either………………………. or ………………..……………… which are the far off places from the local
limits. It is pertinent to submit here that I have been suffering from high B.P.    and sugar complaint. I have
been kept on strict diet. Further I have been suffering from Diabetic ulcer on the right foot and also
advised not to undertake any journey.
6. We further submit that ………………………………….. is at a distance of ………….. K.Ms. from my
village and ……………………………. is at a distance of …………. K.M.s. The presence of PW-1 is
very much essential and necessary at the time of the examination of the above witnesses, in view of the
seriousness of the allegations made and the density of the matter. If the request of the respondent is going
to be accepted, we may not be in a position to go to the above places for examination of the witnesses, on
Commission. It would further cause trouble not only to us but to the advocates on record also. We may
have to incur heavy expenditure for visiting ……………………………………………… and
…………………………………………….., where the witnesses are stationed. It is with this motive in
mind, this applications filed by the respondent, to avoid inconvience and hardship, the respondent can as
well secure our presence for examination of the above witnesses at ………………………………..
…………. itself so that the Court below will also be in a position to observe the demeanour. In the cross
examination portion of DW-1, the suspicious circumstances under which the suit agreement (Ex.A-1) was
taken out, were also pointed out. By appointing any commissioner to examine the handwriting expert at
……………., the Court below will be losing the custody of the original suit document. The same thing
had happened when the respondent obtained the report, without or knowledge in connection with Cr. No.
……………………………………………
of ……………………………………………………………………………….. Town P.S. Hence we have
no hesitation to submit that in order to take the suit agreement out of the custody of the Court below, the
respondent has come up with this application, at this point of time. Further in view of the serious
objections filed to the report of the handwriting expert in O.S. No……………………………….,
the examination of such witness at …………………………………………….
alone is desirable. The objections of us may kindly be perused in this regard. Moreover the respondent is
the resident of the …………………………….……
city and the 2nd witness is also at ………………………………..……………
Under the above said circumstances we have got our own doubt about the safety of our lives. Even though
Ex.B-16 passport of DW-1 has been summoned from the Court of the Judicial First Class Magistrate,
……………………………………… to the Court below, the respondent has made very baseless and wild
allegations for the missing of page Nos. 5, 6, 15 and 16 attributing collusion between us and the Court
staff of O.M.F.C. ………………………………………………………….
Such has been the conduct of the respondent and the seriousness of the allegations made, in connection
with I.A.No. ………………………………….………
of ………………………………………………………………..., filed under Order 13 Rule 2 C.P.C. If
the witnesses are examined at …………….
and …………………………………………………………………..….., as prayed by the respondent, we
may not have the services of our advocate at those places for various reasons.

7. We also submit that we have strong prima facie case and the balance of convenience is also in our
favour and in the said circumstances if the interim stay of all further proceedings in O.S.No.
…………………………………………….. on the file of the Court of the Senior Civil Judge,
………………………………, we will be put to irreparable loss, heavy injury, great loss, and grave
suffering.

Under these circumstances, it is just and necessary in the interests of Justice, that this Hon’ble Court may
be pleased to grant interim stay of all further proceedings in O.S.No.
……………………………………………………………………………………………………………..
of ……………………………………………………………………………….… on the file of the Court
of the Senior Civil Judge, ………………………………, pending the disposal of the above Civil Revision
Petition, and pass such other and further order or orders as this Hon’ble Court may deem fit and proper in
the circumstances of the case.

Deponent
Before me
Advocate, Hyderabad

Solemnly and sincerely affirmed at …………..

on this the ………….. of ……. …… and           
signed his name in my presence      

MEMORANDUM OF CIVIL MISCELLANEOUS PETITION

 (Under Section 151 of C.P.C)

IN THE HIGH COURT OF JUDICATURE OF ………….

AT ……….

C.M.P. No……….. of …….. 20………..

in
C.R.P. No………… of 20……..

Between :

……………………..
……………………                                       ……Petitioner/Petitioners

    and

……………………..
…………………….                             ….Respondent/Respondent

For the reasons in the circumstances stated in the accompanying affidavit, the petitioner herein pray in
the interests of Justice, that this Hon’ble Court may be pleased to grant interim stay of all further
proceedings in O.S.No. ………………………………………………………..…… of
…………………………………………………………... on the file of the Senior Civil Judge, ………………………………………….
….., pending the disposal of the above Civil Revision Petition, and pass such other and further order or
orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

Place :

Dated :
                                                              Advocate for Petitioner