IN THE COURT OF VIII ADDL. DISTRICT JUDGE: ELURU.
[Link]. /2023
IN
O.S NO. 134/2016
Between:
Talliboyina Vijaya @ Kagga Vijaya ...Petitioner/ Plaintiff
And
Kagga Satyanarayana ...Respondent/ Defendant.
PETITION FILED BY THE PETITIONER/ PLAINTIFF U/S.139 OF C.P.C.
I Talliboyina Vijaya @ Kagga Vijaya w/o. Katari Venkateswara Rao, and adopted
D/o. Kagga Radhamma, aged 42 years, Hindu, employee, and R/o [Link]. 28-3-70,
Phirangula dibba, Eluru, W.G., Dt. Presently R/o having come down to Eluru and
do hereby solemnly affirm and sincerely state on oath as follows;
1. I humbly submit that I am the petitioner here in and Plaintiff in the main
suit. As such I am well acquainted with the facts of the case.
2. I further submit that I filed main suit for Declaration of my Adoption and
Cancellation of the alleged deeds in favour of the defendant and
consequential permanent injunction against the defendant, and the suit is
posted for to
3. I further submit I have been in possession and enjoyment of item No.2 of
Plaint schedule property i.e., Door no, 28-3-70 since my child hood along
with my adoptive mother Kagga Radhamma and her deserted sister by
name Anasuyamma, even after their demise I have been in possession and
enjoyment of item no 2 of plaint schedule property.
4. I further submit that the RCC Building was constructed there in Item no.2 of
plaint schedule property by removing the old thatched house with private
loan Rs. 8 lakhs from one Tirupathi Reddy 24% p.a., and the same has been
paying till now also.
5. I further submit I came to know about the mischief, fraud and fraudulent
attitude of the defendant after receiving of Caveat notices on 24-07-204 I
report the matter to the police, the police to advise me to approach the
civil court for justice.
6. I further submit I could not approach the Hon’ble court due to my work
pressure. The defendant by taking advantage of my employment, my
adoptive mother old age ailments etc,. The defendant prevail over them
and surprisingly obtained alleged documents even though they don’t have
Telugu read and write. In fact the defendant has no such capacity to
purchase the same as he is not at all an earning member.
7. I further submit that the defendant has filed a suit against me for partition
on the file of this Hon’ble court in O.S No. 132/2014 with the above said
alleged, fabricated documents, in that I am contested and the same is
pending.
2
8. I further submit that the defendant has taken advantage of my absence
he let out item no 2 of plaint schedule property to one Bramarambha’s
family by forcibly, I gave complaint against the defendant, but he has
men and muscle power and managed police with political power, in this
juncture a abated the tenant’s and filed false case against me, the police
enquired in to the matter and cancel the above complaint.
9. I further submit that under the above circumstances i filed this petition
before this Hon’ble court for seeking appointment of Official Receiver to
take possession and manage item No. 2 of plaint schedule property and
to direct to receive the rents and advances if any and direct him to
deposit the rents into the Hon’ble court till the disposal of the main suit,
if the Receiver is not appointed the respondent misuse the rental
proceeds without giving me.
Therefore, the petitioner/ Plaintiff prays that the Hon’ble court be
pleased to order to appoint a receiver to take charge of the suit property
and manage them and also deposit the proceeds into the Hon’ble court to
credit of the suit pending disposal of the same.
Otherwise I am the petitioner/plaintiff is suffering immense loss and
hardship.
Deponent.
Solemnly affirm and signed before me on this day of May 2023 at Eluru.
Advocate.
IN THE COURT OF VIII ADDL. DISTRICT JUDGE: ELURU.
[Link]. /2023
IN
O.S NO. 134/2016
Between:
Talliboyina Vijaya @ Kagga Vijaya
w/o. Katari Venkateswara Rao, and adopted D/o. Kagga Radhamma, Female,aged
42 years, Hindu, employee, and R/o [Link]. 28-3-70, Phirangula dibba, Eluru, W.G.,
Dt. Presently R/o ...Petitioner/ Plaintiff
And
Kagga Satyanarayana, S/o Venkateswara Rao,Male,
Hindu, aged 31years, and R/o [Link].28-3-56,
Phirangula Dibba, Eluru, W.G., ...Respondent/ Defendant.
PETITION FILED ON BEHALF OF THE PETITIONER/PLAINTIFF U/O.40 R.1 AND U/S
151 OF C.P.C
For the reasons stated in the accompanying affidavit the petitioner/plaintiff
prays that the Hon’ble court be pleased to appoint Official Receiver to take
possession of Item No.2 of the plaint schedule property and manage the same
and to deposit the rent proceeds into the Hon’ble court pending disposal of the
suit and to pass such other orders as the Hon’ble court may deem fit and proper
in the circumstances of the case.
Be pleased to consider
Eluru:
Date: -05-2023 Advocate for petitioner/plaintiff.
