Suit For Partition Nampally Ramanasri

IN THE COURT OF THE JUNIOR CIVIL JUDGE : AT NALGONDA
O.S No. 569 OF 2020

Between :
Smt. Nampally Ramana Sri …Plaintiff
AND
1. Madhoju Venkata Sudheer Babu
2. Madhoju Nagamani …Defendants
Claim : Suit for Partition and separate possession of the ’A’, ‘B’, Suit Schedule
Properties and payment of Sale Consideration amount of ‘C’ Schedule
Property.
PLAINT U/o. VII R-1 R.W.Sec.26 of CIVIL PROCEDURE CODE
The above named plaintiff submits as follows :
1. DESCRIPTION OF THE PLAINTIFF :
Smt. Nampally Ramana Sri W/o Sudarshana Chary,

Age:50 years, Occupation: Housewife,
R/o Chandampally Village, Nakrekal Mandal,
Nalgonda District.
That the address of the Plaintiff for the purpose of all summons, notices etc., on
her is the same as mentioned above and that of her Counsel:
SRI. POGULA ANANDA REDDY, SRI.K.SRINIVASU

&
SRI.B.MADHUKAR RAO
ADVOCATES, NALGONDA.
2. DESCRIPTION OF THE DEFENDANTS :
1. Madhoju Venkata Sudheer Babu S/o Late Suguna Chary,

Age:47 years, Occupation: Govt Teacher
2. Madhoju Nagamani W/o Late Suguna Chary,
Age:70 years, Occupation: Housewife
Both are Residents of House No.9-1, Chandur Village and Mandal
Nalgonda District
The address of the Defendants for the purpose of service of all summons,
notices etc., on them is the same as mentioned above.
FACTS OF THE CASE:
3. It is submitted that the plaintiff and the Defendant No.1 are sister and
brother and children of Defendant No.2 Smt.Madhoju Nagamani wife of Late
…Cont’d..2
:2:
Suguna Chary. The said Madhoju Suguna Chary was Government Teacher and
died intestate while in service on 05.09.2000. Defendant No.2 is receiving the
Family Pension due to the demise of her husband. The Defendant No.1 due to
the death of his father Suguna Chary in harness, he managed to get
‘compassionate employment’ as Telugu Pandit and presently he is on the
strength of ZPHS, Pochampally Village, Gurrampode Mandal, Nalgonda District.
It is submitted that the Defendant No.1 got the ‘Compassionate Employment’ to
the exclusion of the Plaintiff, due to the Gimmicks played by him at the time of
seeking the said employment.
4. It is submitted that Suit ‘A’, ‘B’ and ‘C’ schedule properties are the
ancestral properties, belonged to their ancestors Late Madhojuy Sathyanarayana
Chary and Late Smt.Ramulamma. The family tree (hierarchy” is shown below.
MADHOJU SATHYANARAYANA CHARY (LATE)

WIFE: SMT.RAMULAMMA (LATE)
MADHOJU SUGUNA CHARY (DIED ON 05.09.2000)

WIFE: SMT NAGAMANI (DEFENDANT NO.2)
PLAINTIFF DEFENDANT NO.1

(NAMPALLY RAMANA SRI) (MADHOJU VENKATA SUDHEER BABU)
5. It is submitted that the ‘B’ Schedule property was in the name of their
ancestor Late Smt.Ramulamma. the same is evident from the Pahani for the year
2003-04. After her demise the Defendant No.1 clandestinely got the said ‘B’
schedule property, transferred on to his name. The same is evident from the
Pahani dated 14.10.2019. It is further submitted that out of Survey No.;302 of ‘C’
schedule property, an extent of Ac.00-27gts., was recorded in the name of Late
Suguna Chary and an extent of Ac.00-28gts., was recorded in the name of
ancestor Late Smt.Ramulamma. the same is evident from Pahani for the year
2003-04. After their demise the entire land Ac.01-15gts., out of Survey No.302
…Cont’d..3
:3:
was recorded in Revenue Records in the name of Defendant No.2

Smt.Nagamani. It is evident from the Pahani dated 14.10.2019.
6. It is submitted that Defendant No.1 & 2 are dwelling in the plaint ‘A’
schedule property since plaintiff is residing with her husband at in-laws house.
That ‘B’ & ‘C’ schedule properties were being cultivated jointly. As the daughters
of the Plaintiff have reached marriageable age, she thought of getting the
properties partitioned and then to dispose of her share for valuable consideration
to meet the marriage and education expenses of her daughters. On 01.09.2019 the
Plaintiff demanded the Defendants to partition the suit schedule properties by
metes and bounds. While talks were in progress, on 13.10.2019 the Defendants
have informed the Plaintiff that they have already sold the ‘C’ schedule property
standing on the name of the Defendant No.2 for consideration amount of
Rs.15,00,000/- (Rupees Fifteen Lakhs Only) to Ganta Srinivasulu vide Regd. Sale
Deed No.5865/2019 dated 03.10.2019, registered at SRO Chandur. The Defendant
informed the Plaintiff that he had also got mutated the ‘B’ schedule property on
his name which was on the name of their common ancestor Late Ramulamma.
Defendant denied for the partition of the properties and also refused to part with
his share in the sale amount of Rs.15,00,000/- which he received due to the sale
of ‘C’ schedule property, since Defendant No.2 waived her right of share in it.
7. It is submitted that the above matter was put before the community elders.
In the presence of the elders and on their advise, Defendant No.1 paid to the
Plaintiff only Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) stating that
the same is ‘adapaduchu gift’ and requested not to make hue and cry of the sale
of ‘C’ schedule property. the Plaintiff on the request of the elders gave an
undertaking that she will not proceed legally against the sale of ‘C’ schedule
property. The community elders further advised Defendant to partition ‘A’ and
‘B’ schedule properties among themselves and also to pay the balance share of
the Plaintiff Rs.5,00,000/- to her at the time of partition of the ‘A’ and ‘B’
schedule properties.
8. It is submitted that Defendant No.2 is receiving the family pension around

Rs.25,000/- (Rupees Twenty Five Thousand Only) per month due to the death of
…Cont’d..4
:4:
her husband who died in harness. She has waived her rights in ‘A’ and ‘B’
schedule properties and also declared that she has no claim in the sale amount of
Rs.15,00,000/- (Rupees Fifteen Lakhs Only) received due to sale of ‘C’ schedule
property. Since Defendant No.2 is the mother of the Plaintiff and Defendant
No.1, she is at liberty to remain with both of them as per her will and wish.
Inspite of the said fact she is added as Defendant No.2 nominally to avoid legal
problem since the suit pertains to partition of the joint family properties.
9. It is submitted that the Defendant No.1 is reluctant and not showing any
interest to partition the joint family properties. Since Defendant No.2 has
relinquished her claim in the suit schedule properties, she is not interested in this
matter as it pertains to Plaintiff and Defendant No.1. Further Defendant No.2 is
not interested because she is getting family pension around Rs.25,000/- due to
the death of her husband Late Suguna Chary. Since Defendant No.1 is not
coming forward to partition the ‘A’ & ‘B’ schedule properties and pay balance
amount got by sale of ‘C’ schedule property, Plaintiff left with no other
alternative got issued Legal Notice through her Advocate on 05.11.2020, calling
upon him to partition the ‘A’ & ‘B’ schedule properties among themselves and
also to pay her balance sale amount got by sale of ‘C’ Schedule property.
Defendant No.1 had received the said notice, but neither came forward to
partition as per demand nor gave any reply. As such the Plaintiff is compelled to
approach the Hon’ble Court for appropriate relief.
10. Cause of Action:- Cause of action for filing the above suit firstly arose on
01.09.2019 when the Plaintiff had demanded for partition of the Suit Schedule
‘A’, ‘B’ & ‘C’ properties by metes and bounds. Further it arose when the talks for
partition were going on, Defendant No.1 informed the Plaintiff that he had
already sold ‘C’ schedule property for an amount of Rs.15,00,000/- (Rupees
Fifteen Lakhs Only) and pleaded her not to make hue and cry about the sale of
‘C’ schedule property and paid her only Rs.2.50.000/- (Rupees Two Lakhs Fifty
Thousand Only) and promised to pay balance Rs.5,00,000/- Rupees Five Lakhs
Only) at the time of partition. Further cause of action arose when Defendant No.1
was reluctant and not shown any interest to partition the properties, the Plaintiff
had served legal notice dated 05.11.2020 upon him with a demand to partition of
…Cont’d..5
:5:
‘A’ & ‘B’ schedule properties and to pay her Rs.5,00,000/- (Rupees Five Lakhs
Only) which is her balance share amount due to the sale of ‘C’ schedule property.
The cause of action continues to arise since the Defendant No.1 received the
notice, but failed to come forward to partition ‘A’ & ‘B’ schedule properties as
demanded, by metes and bounds and also since failed to pay her share amount
of Rs.5,00,000/- (Rupees Five Lakhs Only). The cause of action arose at Kasthala
Village where ‘B’ Schedule property is situated and Chandur Municipality where
‘A’ schedule property is situated, Chandur Mandal, Nalgonda District.
11. Court Fee and Suit Valuation:- That the total market Value of the ‘A’, ‘B’ &
‘C’ schedule properties is Rs.11,72,500/- as per the M.V Certificate issued by the
SRO, Chandur. The Plaintiff’s 1/2 share comes to Rs.5,86,250/-. For the purpose
of jurisdiction on 3/4 value of the Plaintiff’s share is Rs.4,39,687/- and the
Plaintiff pays a fixed court fee Rs._____/- U/Sec.34 (ii) of APCF & SV Act, as the
Plaintiff is in joint and constructive possession of the suit schedule properties.
12. Jurisdiction:- In view of the valuation and location of suit schedule

properties and and residence of the parties this Hon’ble Court has got territorial
and monetary jurisdiction.
13. Limitation:- the suit is well within the period of limitation as per Article 113
of the Limitation Act, 1963.
14. Prayer:- The Hon’ble Court may be pleased to pass a Decree and Judgment
as under:
a) A preliminary decree may be passed declaring that the Plaintiff and the
Defendants are entitled for 1/2 share each in the ‘A’, ‘B’ Suit Schedule
Properties.
b) That the Defendants sold ‘C’ schedule properties illegally and received
Rs.15,00,000/-, out of which the Plaintiff is entitled her half share amount
of Rs.7,50,000/-. Since Defendant paid only Rs.2,50,000/- to the Plaintiff,
he may be directed to pay her balance share amount of Rs.5,00,000/-.
c) An Advocate Commissioner may be appointed to work out the
preliminary decree with the assistance of Town Plainning officer of
Chandur Municipality in respect of ‘A’ Schedule Property, the Revenue
…Cont’d..6
:6:
Authorities in respect of ‘B’ schedule property by keeping in view of

fertility and nature of the suit schedule property and he may also be
directed to file his report before the Hon’ble Court.
d) The costs of the suit may be awarded
e) To any other appropriate relief to which the Plaintiff is entitled may also
be awarded.
Nalgonda Plaintiff
Dated:- 02-12-2020
(Nampally Ramana Sri)

Verification :
I, the above named Plaintiff do hereby declare that the facts stated in Para No.1 to 9
of the Plaint is true and correct to the best of my knowledge and belief and the remaining
paras are believed to be true on legal advice. Hence verified and signed at Nalgonda on
this the 02nd day of December, 2020,
Plaintiff

Counsel for the Plaintiff
O.S No. OF 2020
Between :
AND
Madhoju Venkata Sudheer Babu
& Another …Defendants
SUIT ‘A’ SCHEDULE PROPERTY

House No.9-1 within Plot area of 450Sq.yds situated at Gold Smith Street, within
Chandur Municipality, Chandur Village and Mandal, Nalgonda District.
BOUNDARIES
North : Telukuntla Sathaiah South : Madhoju Ramachandraiah

West : Gureje Ramulu East : Road
SUIT ‘B’ SCHEDULE PROPERTY
Survey. No Extent Situated at Kastala Village,

Chandur Mandal, Nalgonda
523 05-01
District
BOUNDARIES
North : Madhoju Ramachandraiah South : Polagoni Ramesh;Kavitha

West : Jajula Vijay Kumar East : Road – Chandur to Kastala
SUIT ‘C’ SCHEDULE PROPERTY
Survey. No Extent
297/ 00-34 Situated at Chandur Village and
302/ 01-15 Mandal, Nalgonda District
Total 02-09
BOUNDARIES
North : Madagoni Anjaneyulu South : Sangepu Muthu Lingam

West : Temple – Peddamma Talli East : Bhutharaju Vankataiah & others.
Nalgonda Plaintiff
Dated:- 02-12-2020
Verification :
I, the above named Plaintiff do hereby declare that the Suit Schedule is true and correct to the
best of my knowledge and belief. Hence verified and signed at Nalgonda on this the 02 nd day of
December, 2020,
Plaintiff
Counsel for the Plaintiff
Form No.8
O.S No. OF 2020
Between :
AND
Madhoju Sudheer Babu
PARTICULARS OF THE VALUE OF IMMOVABLE PROPERTY
Serial No. of item of Immovable

1 1
Property
Registration District and Sub
2 Nalgonda & Chandur
District
Taluk and Village where the Kasthala Village, Chandur Municipality &
3
property is situated Mandal, Nalgonda District
Survey Number and Sub Division ‘A’ Schedule House & Survey No.523/__, of
4
No. ‘B’Schedule property
450 Sq.yds of ‘A’ Schedule

5 Extent
Ac.05.01gts., of ‘B’ Schedule
6 Class of Land Wet or Dry Dwelling House property & Dry Land
7 Rental Value of the Land Rs.50,000/- per annum
Rs.2,25,000/- ‘A’ Schedule Property
8 Present Market Value
Rs.5,02,500/- ‘B’Schedule Property
That the total market Value of the ‘A’, ‘B’ &
‘C’ schedule properties is Rs.11,72,500/-. The
Plaintiffs 1/2 share comes to Rs.5,86,250/-.
Value for purpose of Court fee
For the purpose of jurisdiction on 3/4th
and Jurisdiction with the
9 value of the Plaintiff’s share is Rs.4,39,687/-
provision of law under which it is
and the Plaintiff pays a fixed court fee
valued.
Rs._____/- U/Sec.34 (ii) of APCF & SV Act,
as the Plaintiff is in joint and constructive
possession of the suit schedule properties.
10 Remarks Nil
Nalgonda Plaintiff
Dated:- 02-12-2020
Counsel for the Plaintiff.
O.S No. OF 2020

Between :
AND
Madhoju Sudheer Babu
LIST OF DOCUMENTS
Date of Parties to the

Sl.No Description of the Document
Document Document
CC of Pahani for the year 2003-2004 pertaining to ‘B’
1 17.10.2019 Plaintiff & Def’s
Schedule Property
Plaintiff & Def’s CC of Pahani for the year Fasli 2017 pertaining to ‘B’
2 14.10.2019
Schedule Property
Plaintiff & Def’s CC of 1-B (ROR) Certificate pertaining to ‘B’
3 14.10.2019
Schedule Property
Plaintiff & Def’s CC of Pahani for the year 2004-2005 pertaining to
4 23.11.2019
Survey No.297/A of ‘C’ Schedule Property
5 23.11.2019
Plaintiff & Def’s CC of Pahani for the year Fasli 2017 pertaining to
6 14.10.2019
7 23.11.2019
Survey No.302/A of ‘C’ schedule property
Plaintiff & Def’s Pahani for the year Fasli 2017 pertaining to Survey
8 14.10.2019
No.302 of ‘C’ Schedule Property
Plaintiff & Def’s
9 05.11.2019 Legal Notice
Plaintiff & Def’s

10 05.11.2019 Postal Receipt of Registered Letter
Plaintiff & Def’s Market Value Certificate pertaining to ‘A’ Schedule

11 03.11.2019
Property
Plaintiff & Def’s Market Value Certificate pertaining to ‘B’ Schedule
12 03.11.2019
Property
Plaintiff & Def’s Market Value Certificate pertaining to ‘C’ Schedule
13 03.11.2019
Property
Nalgonda Plaintiff
Dated:- 02-12-2020
Counsel for the Plaintiff.
IN THE COURT OF THE JUNIOR CIVIL

JUDGE AT NALGONDA.
O.S.No. OF 2020
Between:
Smt. Nampally Ramana Sri

… Plaintiff.
AND

& Another
… Defendants.
LIST OF DOCUMENTS
Filed on: 02-12-2020
Filed by : Advocate for Plaintiff
ADDRESS FOR SERVICE
POGULA ANANDA REDDY

K.SRINIVASU
&
B.MADHUKAR RAO
ADVOCATES
H.No. 4-10-496, Sidhartha Colony,
Nalgonda – 508 001.
 08682 – 232019  98481-12172
IA.No. OF 2020
IN
O.S No. OF 2020
Between :
Age:50 years, Occ: Housewife R/o Chandampally Village,
Nakrekal Mandal, Nalgonda District. …Petitioner /Plaintiff
AND
1. Madhoju Venkata Sudheer Babu S/o Late Suguna Chary, Age:47 years
2. Madhoju Nagamani W/o Late Suguna Chary, Age:70 years,
Both are Residents of House No.9-1, Chandur Village & Mandal,

Nalgonda District …Respondents/Defendants
PETITION U/O XXXIX R-1 & 2 OF CIVIL PROCEDURE CODE
For the reasons stated in the accompanying Affidavit, it is prayed that the
Hon’ble Court may be pleased to grant Exparte Ad-Interim Temporary
injunction order Restraining the Respondents /Defendants not to alienate the
Petition ‘A’ & ‘B’ Schedule Properties, in the interests of Justice.
PETITION ‘A’ SCHEDULE PROPERTY
House No.9-1 within Plot area of 450Sq.yds situated at Gold Smit Street, within
Chandur Municipality, Chandur Village and Mandal, Nalgonda District.
BOUNDARIES
North : Telukuntla Sathaiah South : Madhoju Ramachandraiah

West : Gureje Ramulu East : Road
PETITION ‘B’ SCHEDULE PROPERTY
Survey. No Extent Situated at Kastala Village,

Chandur Mandal, Nalgonda
523 05-01
District
BOUNDARIES
North : Madhoju Ramachandraiah South : Polagoni Ramesh;Kavitha

West : Jajula Vijay Kumar East : Road – Chandur to Kastala
Nalgonda Plaintiff
Dated:- 02-12-2020
I.A.No. 394 OF 2020

IN
O.S No. 569 OF 2020
Between :
Smt. Nampally Ramana Sri …Petitioner/Plaintiff
AND
& Another …Respondents/Defendants.
AFFIDAVIT UNDER SEC. 139 OF CIVIL PROCEDURE CODE
I, Smt. Nampally Ramana Sri W/o Sudarshana Chary, Age:50 years, R/o
Chandampally Village, Nakrekal Mandal Nalgonda District, do hereby solemnly
affirm and state on oath as under:
1. I am the Deponent herein and Plaintiff in the above Suit and as such I am
well acquainted with the facts of the case.
2. I submit that I have filed the above suit against the Respondents for
partition of ‘A’ & ‘B’ schedule properties and for payment of my balance share
amount of Rs.5,00,000/- out of sale consideration of Rs.15,00,000/- received by
the Respondent No.1 due to the sale of ‘C’ schedule property clearly depicted in
the suit schedule property the plaint pleadings may be read as part and parcel of
this Affidavit. On 01.09.2019, I have demanded the Respondent for amicable
partition of petition schedule properties by metes and bounds. During this
period I came to know that Respondents have sold away the ‘C’ schedule
property to third parties and registered on their name by receiving
Rs.15,00,000/-. When I questioned them the Respondent No.1 requested me not
to make hue and cry of this matter and paid me only Rs.2,50,000/- and promised
me to pay the balance amount of my share Rs.5,00,000/- at the time of partition
of the ‘A’ & ‘B’ Schedule property. Further I came to know that Respondent No.1
got transferred the ‘B’ schedule property on to his name by deleting the name of
our common ancestor Late Smt.Ramulamma.
3. I came to know through reliable source that Respondents are planning and
searching the prospective purchasers, since they are intending to alienate Petition
‘A’ and ‘B’ schedule properties. If they succeed in disposing of the said
properties, I will be put to irreparable loss that cannot compensated at any costs
at a later stage and further I will be facing multiplicity of cases for recovery of my
…Cont’d..2
:2:
share in the said properties. As such I am filing this petition to direct the
Respondents not to alienate the schedule properties in order to meet the ends of
justice. The Hon’ble Court may peruse the plaint pleadings which form the part
and parcel of this petition. I have got strong prima facie case and balance of
convenience in my favour for the grant of exparte interim injunction against the
Respondents not to alienate the petition ‘A’ & ‘B’ schedule properties to third
parties. I submit that if the exparte temporary injunction is not granted in my
favour I would suffer irreparable loss that cannot be compensated afterwards in
any manner. On the other hand if the exparte interim injunction is granted in my
favour, the Respondents would not suffer any loss. I submit the Hon’ble Court
has got ample powers to suspend the issuance of urgent notices upon the
Respondents. If the same is ordered the Respondents would take the advantage
of the same and alienate the petition schedule property. If Respondents succeed,
the very purpose of filing this petition would be defeated. In the said
circumstances, it is just and necessary for the Hon’ble Court to grant Ex-parte
Temporary Injunction order in my favour prohibiting the Respondents from
alienating the petition schedule property during the pendency of the above suit
in the interest of justice.
The above stated facts are true and correct to the best of my knowledge and belief.
DEPONENT
Nalgonda,
Dated: 02-12-2020
Attestation: The deponent had sworn and signed in my presence at

Nalgonda on this the 02nd day of December, 2020.
ADVOCATE

JUDGE AT NALGONDA.
I.A.No. OF 2020
IN
O.S.No. OF 2020
Between:
…Petitioner/Plaintiff.
AND

& Another
…Respondents/Defendants.
PETITION U/O XXXIX R-1 & 2 OF CIVIL

PROCEDURE CODE
Filed on: 02-12-2020
Filed by : Advocate for Petitioner/Plaintiff
ADDRESS FOR SERVICE
POGULA ANANDA REDDY

K.SRINIVASU
&
B.MADHUKAR RAO
ADVOCATES
 08682 – 232019  98481-12172
O.S No : OF 2020
Between :
Smt. Nampally Ramana Sri … Plaintiff
AND
& Another … Defendants.
AFFIDAVIT UNDER SEC. 26 (2) OF CIVIL PROCEDURE CODE
2. I submit that I have filed the above suit against the Defendants for partition
of the suit ‘A’ & ‘B’ schedule properties which are joint family properties. Further
Defendants sold ‘C’ schedule property to third parties by receiving
Rs.15,00,000/- , Defendant No.1 paid me only Rs.2,50,000/- from my share
amount of Rs.7,50,000/-. He promised me to pay balance share amount of
Rs.5,00,000/- at the time of partition of ‘A’ & ‘B’ Schedule Properties, but till date
he had not paid me the said amount. I have filed the Revenue
Documents/Pahanies evidencing our joint family properties clearly shown in the
Plaint ‘A’ , ‘B’ & ‘C’ schedule properties.
Hence it is prayed that the Hon’ble Court may be pleased to pass a Decree
and Judgment in my favour and against the Defendants as prayed for, and such
other relief or reliefs which the Hon’ble Court may deem fit and proper in the
circumstances of the case.
The above facts are true and correct to the best of my knowledge and belief.
DEPONENT
Nalgonda,
Dated: 02-12-2020

Nalgonda on this the 02nd day of December, 2020.
ADVOCATE

JUDGE AT NALGONDA.
O.S.No. OF 2020
Between:
…Plaintiff.
AND

& Another
… Defendants.
AFFIDAVIT U/SEC.26 (2) OF CIVIL

PROCEDURE CODE
Filed on: 02-12-2020
ADDRESS FOR SERVICE
Sri. POGULA ANANDA REDDY

K.SRINIVASU
&
B.MADHUKAR RAO
ADVOCATES
 08682 – 232019  98481-12172
IA.No. OF 2020
IN
O.S No. OF 2020
Between :
Age:50 years, Occ: Housewife R/o Chandampally Village,
Nakrekal Mandal, Nalgonda District. …Petitioner /Plaintiff
AND
1. Madhoju Venkata Sudheer Babu S/o Late Suguna Chary,

Age:47 years , Occ: Govt Teacher
2. Madhoju Nagamani W/o Late Suguna Chary,

Age:70 years, Occ: Housewife
Both are Residents of House No.9-1, Chandur Village & Mandal,

Nalgonda District
…Respondents/Defendants
PETITION U/RULE 57 OF CIVIL RULES OF PRACTICE
For the reasons stated in the accompanying Affidavit, it is prayed

that the Hon’ble Court may be pleased to order the staff to check and put
up the papers by way of precedence over the other matters in the interest
of Justice.
Nalgonda,
Dated: 02-12-2020 Counsel for the Petitioner/Plaintiff
I.A.No. OF 2020
IN
O.S No : OF 2020
Between :

AND
AFFIDAVIT UNDER SEC. 139 OF CIVIL PROCEDURE CODE
2. I submit that I have filed the above suit for partition of the suit schedule
properties along with a petition for Ex-Parte Ad-Interim Injunction Order in
respect of the Petition Schedule Property under Order XXXIX Rule 1 & 2 of
C.P.C. The matter is of urgent nature. As such the Hon’ble Court may order the
Staff to check and put up the papers by way of precedence over the other
matters.
The above stated facts are true and correct to the best of my knowledge and
belief.
DEPONENT
Nalgonda,
Dated: 02-12-2020
(NAMPALLY RAMANA SRI)

Nalgonda on this the 02ND day of December, 2020.
ADVOCATE

JUDGE AT NALGONDA.
I.A.No. OF 2020
IN
O.S.No. OF 2020
Between:
AND

& Another
PETITION U/RULE 57 OF CIVIL RULES
OF PRACTICE
Filed on: 02-12-2020
ADDRESS FOR SERVICE

K.SRINIVASU
&
B.MADHUKAR RAO
ADVOCATES
 08682 – 232019  98481-12172
FORM NO.61
(171 Payment into the Court of Cash / Process Fee Deposit)
O.S No. OF 2020

Between :
AND
Madhoju Venkata Sudheer Babu & Another …Defendants
Distance in
Travelling
Expenses
Process to
Nature of
be issued
Mandal,
District,
Village,
Subsistence
Name and Description of Person
Allowance
On whom or on whose property
for which money is deposited and
Process Is to be executed
any under which deposit made
miles from the Court
From the Court
Process fees
of sale or commission
Amount
allowance to and fro
Class of allowance
The process is to be executed
Munsiff where
or purpose
order if
1. Madhoju Venkata Sudheer

Babu S/o Late Suguna
Chary, Occ: Govt Teacher
Age:47 years
Madhoju Nagamani W/o

2. Late Suguna Chary, Age:70
years, Occ: Housewife
Both are Residents of House

No.9-1, Chandur Village &
Mandal, Nalgonda District
It is requested that the sum of Rs……………. may be received for the above
mentioned purpose.
Dated this 02nd day of December, 2020.
Advocate for Plaintiff

JUDGE AT NALGONDA.
O.S.No. OF 2020
Between:
…Plaintiff.
AND

& Another
… Defendants.
Process Fees Deposit
Cash
Form
Filed on: 02-12-2020
ADDRESS FOR SERVICE
POGULA ANANDA REDDY

K.SRINIVASU
&
B.MADHUKAR RAO
ADVOCATES
 08682 – 232019  98481-12172
FORM No.19
SUMMONS FOR SETTLEMENT OF ISSUES
(Order V Rules 1 & 5)
O.S No. OF 2020

Between :
AND
To: Madhoju Venkata Sudheer Babu S/o Late Suguna Chary, Occ: Govt
Teacher Age:47 years, Resident of House No.9-1, Chandur Village &
Whereas, the above named Plaintiff has instituted a Suit against you for Partition of
the suit schedule properties. You are hereby summoned to appear in this Court in
person or by a Pleader duly instructed and able to answer all material questions relating
to the Suit or who shall be accompanied by some person able to answer all such
questions on the _____ day of ________________ 2020 at 10-30 A.M., to answer the
Claim; and further you are hereby directed to file within 30 days of service of this
summons, a written statement of your defence and to produce on the said day all the
documents in your possession or power upon which you base your defence.
Take Notice that in default of your appearance and to file your written statement
within 30 days, the suit will be heard and determined in your absence .
Given under my hand seal of the Court this _____ day of _______________, 2020.
JUDGE
NOTICE:
1) Should you apprehend your witness will not attend of their own accord, you can
have summons from this Court to compel the attendance of any witness and
production of any document that you have a right to call upon the witness to
produce, on applying to the Court and on depositing the necessary expenses.
2) If you admit the claim, you should pay the money into Court together with cost of
the suit to avoid execution of the decree, which may be against your person or
property or both.
FORM No.19
SUMMONS FOR SETTLEMENT OF ISSUES
(Order V Rules 1 & 5)
O.S No. OF 2020

Between :
AND
To: Madhoju Nagamani W/o Late Suguna Chary, Age:70 years, Occ: Housewife,
Resident of House No.9-1, Chandur Village & Mandal, Nalgonda District
Whereas, the above named Plaintiff has instituted a Suit against you for Partition of
the suit schedule properties. You are hereby summoned to appear in this Court in
person or by a Pleader duly instructed and able to answer all material questions relating
to the Suit or who shall be accompanied by some person able to answer all such
questions on the _____ day of ________________ 2020 at 10-30 A.M., to answer the
Claim; and further you are hereby directed to file within 30 days of service of this
summons, a written statement of your defence and to produce on the said day all the
documents in your possession or power upon which you base your defence.
Take Notice that in default of your appearance and to file your written statement
within 30 days, the suit will be heard and determined in your absence .
JUDGE
NOTICE:
1) Should you apprehend your witness will not attend of their own accord, you can
have summons from this Court to compel the attendance of any witness and
production of any document that you have a right to call upon the witness to
produce, on applying to the Court and on depositing the necessary expenses.
2) If you admit the claim, you should pay the money into Court together with cost of
the suit to avoid execution of the decree, which may be against your person or
property or both.
O.S No. OF 2020
Between :
AND
M E M O OF C O U R T F E E
It is submitted that an amount of Rs._____/- has been deposited
into the Hon’ble Court’s Account, bearing No.511657863 of Indian Bank of
India, Nalgonda Branch, towards Court Fee in the above Suit.

Hence, the Memo.
Nalgonda,
Dated: 02-12-2020. Counsel for the Plaintiff
Notice to Show Cause (General Form)

I.A.No. OF 2020
IN
O.S No : OF 2020
Between :

AND
Madhoju Venkata Sudheer Babu & Another …Respondents/Defendants.
To: R-1: Madhoju Venkata Sudheer Babu S/o Late Suguna Chary, Occ: Govt
Teacher Age:47 years, Resident of House No.9-1, Chandur Village &
Whereas, the above named Petitioner/Plaintiff has made an application to this

Court under Order XXXIX Rule 1 & 2 of C.P.C., for Ex-Parte Ad-Interim Injunction.
You are hereby wanted to appear in this Court in person or by a Pleader duly
instructed, on the _____ day of ________________ 2020 at 10-30 A.M., to show-Cause of
against the Application, failing which the said Application will be heard and
determined exparte.
// BY ORDER //
Notice to Show Cause (General Form)

I.A.No. OF 2020
IN
O.S No : OF 2020
Between :

AND
Madhoju Venkata Sudheer Babu & Another …Respondents/Defendants.
To: R-1: Madhoju Nagamani W/o Late Suguna Chary, Age:70 years, Occ: Housewife
Resident of House No.9-1, Chandur Village & Mandal, Nalgonda District
Whereas, the above named Petitioner/Plaintiff has made an application to this

Court under Order XXXIX Rule 1 & 2 of C.P.C., for Ex-Parte Ad-Interim Injunction.
You are hereby wanted to appear in this Court in person or by a Pleader duly
instructed, on the _____ day of ________________ 2020 at 10-30 A.M., to show-Cause of
against the Application, failing which the said Application will be heard and
determined exparte.
// BY ORDER //
FORM NO.61
(171 Payment into the Court of Cash / Process Fee Deposit)
I.A.No. OF 2020
IN
O.S No : OF 2020
Between :

AND
Expenses of
Process to be
Distance in
Travelling
Nature of
Subsistence
issued or
Mandal,
Village,
Name and Description of Person Allowance

On whom or on whose property
for which money is deposited and
any under which deposit made
Process Is to be executed
miles from the Court
From the Court
Process fees
District, Munsiff where
Amount
allowance to and fro
sale or commission
Class of allowance
The process is to be executed
purpose
order if
Madhoju Venkata Sudheer

1. Babu S/o Late Suguna Chary,
Occ: Govt Teacher Age:47 years
Madhoju Nagamani W/o Late

2. Suguna Chary, Age:70 years,
Occ: Housewife
Both are Residents of House

No.9-1, Chandur Village &
It is requested that the sum of Rs……………. may be received for the

purpose above mentioned.
Dated this 02ND day of December, 2020.
Advocate for Petitioner/Plaintiff

JUDGE AT NALGONDA.
I.A.No. OF 2020
IN
O.S.No. OF 2020
Between:
AND
& Another
Process Fees Deposit

Cash
Form
Filed on: 02-12-2020
ADDRESS FOR SERVICE
POGULA ANANDA REDDY

K.SRINIVASU
&
B.MADHUKAR RAO
ADVOCATES
 08682 – 232019  98481-12172
O.S No : OF 2020
Between :

AND
& Another …Defendants.
I, Smt. Nampally Ramana Sri W/o Sudarshana chary,

Age:50 years, Occ: Housewife, R/o Chandampally Village,
Nakrekal Mandal, Nalgonda District,
do hereby appoint and retain

POGULA ANANDA REDDY,
K.SRINIVASU
&
B.MADHUKAR RAO
ADVOCATES, NALGONDA
Advocate/s to appear for me/us in the above suit/Appeal/Petition/Case and

to conduct and prosecute or defend the same and all proceedings that may be taken
in respect of any application for execution of any decree or order passed therein.
I/We empower my/our Advocate/s to appear in all miscellaneous proceedings in
the above suit or matter till all decrees or order are fully satisfied or adjusted to
compromise and the said Suit or matter and I/We do further empower my/our
Advocate/s to accept on my/our behalf, service of notice or all or any appeal or
petition filed in any Court or appeal Reference or Revision with regard to the said
suit or matter before disposal of this same in Honourable Court
Certified that the executants who is well acquainted with English, read this
Vakalatnama that the contents of this Vakalatnama were read our and explained in
Urdu/Hindi/Telugu to executants he/she/they being unacquainted with English
who appeared perfectly to understand the same and signed or put his/her/their
name or mark in my presence.
Identified by : Sri.K.Srinivasu, Advocate

Executed on this the 02nd day of December, 2020
ADVOCATE

JUDGE AT NALGONDA.
O.S.No. OF 2020
Between:
…Plaintiff.
AND

& Another
… Defendants.
VAKALAT
Filed on: 02-12-2020
ADDRESS FOR SERVICE
POGULA ANANDA REDDY

K.SRINIVASU
&
B.MADHUKAR RAO
ADVOCATES
 08682 – 232019  98481-12172
I.A.No. 394 OF 2020

IN
O.S No. 569 OF 2020
Between :
AND
AFFIDAVIT
I, B.Madhukar Rao son of Rama Rao, Aged about 53 years, Occ: Advocate,
Resident of House No.6-1-455, Aandal Veedhi, Ramagiri, Nalgonda do hereby
solemnly affirm and state on oath as under:
1. I submit that I have filed the above suit for partition of the schedule properties
along with an I.A U/o XXXIX Rule 1 & 2 of CPC for grant of Ex-parte Injunction in
respect of Petition Schedule Properties with a direction to the Respondent not to
alienate the petition suit schedule property. I submit that the Hon’ble Court was
pleased to issue ex-parte temporary injunction order in my favour. As such I have
complied Order. XXXIX Rule-3 of CPC by sending the copies of plaint, affidavit and
documents by registered post to the respondents.
2. I am submitting the postal receipts along with list of documents in proof of the
same.
The above stated facts are true and correct to the best of my knowledge and belief.
DEPONENT
Nalgonda,
Dated: 17-12-2020
(NAMPALLY RAMANA SRI)

Nalgonda on this the 17th day of December, 2020.
ADVOCATE

JUDGE AT NALGONDA.
I.A.No. 394 OF 2020

IN
O.S.No. 569 OF 2020
Between:
AND

& Another
Extension Memo
Filed on:
ADDRESS FOR SERVICE

K.SRINIVASU
&
B.MADHUKAR RAO
ADVOCATES
 08682 – 232019  98481-12172
I.A.No. 394 OF 2020

IN
O.S No. 569 OF 2020
Between :
AND
LIST OF DOCUMENTS
Date of Parties to the

Sl.No Description of the Document
Document Document
1 17.12.2020 Postal Postal Receipt No.
2 17.12.2020 Postal Postal Receipt No
Nalgonda
Dated:- 17-12-2020 Counsel for the Petitioner/ Plaintiff.
I.A.No. 394 OF 2020

IN
O.S No. 569 OF 2020
Between :
AND
EXTENSION MEMO
It is submitted that the Hon’ble Court was pleased to grant ex-parte temporary
Injunction on 16-12-2020 and the same is subsisting. The Hon’ble Court may be
pleased to extend the same till the next date of hearing.
Hence Memo,
Advocate for Petitioner/Plaintiff

Suit For Partition Nampally Ramanasri

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Suit For Partition Nampally Ramanasri

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IN THE COURT OF THE JUNIOR CIVIL JUDGE : AT NALGONDA

O.S No. 569 OF 2020

PLAINT U/o. VII R-1 R.W.Sec.26 of CIVIL PROCEDURE CODE

The above named plaintiff submits as follows :

1. DESCRIPTION OF THE PLAINTIFF :

Smt. Nampally Ramana Sri W/o Sudarshana Chary,

SRI. POGULA ANANDA REDDY, SRI.K.SRINIVASU

2. DESCRIPTION OF THE DEFENDANTS :

1. Madhoju Venkata Sudheer Babu S/o Late Suguna Chary,

FACTS OF THE CASE:

MADHOJU SATHYANARAYANA CHARY (LATE)

MADHOJU SUGUNA CHARY (DIED ON 05.09.2000)

PLAINTIFF DEFENDANT NO.1

was recorded in Revenue Records in the name of Defendant No.2

8. It is submitted that Defendant No.2 is receiving the family pension around

12. Jurisdiction:- In view of the valuation and location of suit schedule

Authorities in respect of ‘B’ schedule property by keeping in view of

(Nampally Ramana Sri)

(Nampally Ramana Sri)

IN THE COURT OF THE JUNIOR CIVIL JUDGE : AT NALGONDA

O.S No. OF 2020

SUIT ‘A’ SCHEDULE PROPERTY

North : Telukuntla Sathaiah South : Madhoju Ramachandraiah

Survey. No Extent Situated at Kastala Village,

North : Madhoju Ramachandraiah South : Polagoni Ramesh;Kavitha

North : Madagoni Anjaneyulu South : Sangepu Muthu Lingam

(Nampally Ramana Sri)

Counsel for the Plaintiff

O.S No. OF 2020

PARTICULARS OF THE VALUE OF IMMOVABLE PROPERTY

Serial No. of item of Immovable

450 Sq.yds of ‘A’ Schedule

(Nampally Ramana Sri)

Counsel for the Plaintiff.

IN THE COURT OF THE JUNIOR CIVIL JUDGE : AT NALGONDA

O.S No. OF 2020

Date of Parties to the

Plaintiff & Def’s

Plaintiff & Def’s Market Value Certificate pertaining to ‘A’ Schedule

(Nampally Ramana Sri)

Counsel for the Plaintiff.

IN THE COURT OF THE JUNIOR CIVIL

Smt. Nampally Ramana Sri

Madhoju Venkata Sudheer Babu

Filed on: 02-12-2020

Filed by : Advocate for Plaintiff

ADDRESS FOR SERVICE

POGULA ANANDA REDDY

IN THE COURT OF THE JUNIOR CIVIL JUDGE : AT NALGONDA

Both are Residents of House No.9-1, Chandur Village & Mandal,

PETITION U/O XXXIX R-1 & 2 OF CIVIL PROCEDURE CODE

PETITION ‘A’ SCHEDULE PROPERTY

North : Telukuntla Sathaiah South : Madhoju Ramachandraiah

Survey. No Extent Situated at Kastala Village,

North : Madhoju Ramachandraiah South : Polagoni Ramesh;Kavitha

(Nampally Ramana Sri)

IN THE COURT OF THE JUNIOR CIVIL JUDGE : AT NALGONDA

I.A.No. 394 OF 2020

Attestation: The deponent had sworn and signed in my presence at

IN THE COURT OF THE JUNIOR CIVIL

Smt. Nampally Ramana Sri

Madhoju Venkata Sudheer Babu

PETITION U/O XXXIX R-1 & 2 OF CIVIL