IN THE COURT OF THE CITY CIVIL JUDGE AT BENGALURU
O.S NO. 3111/2023
BETWEEN:
M/s. J.P.M Hospitalities Pvt. Ltd. ...PLAINTIFF
AND:
Dr. T.N. Venkatesh
Since deceased by his L.R’s ...DEFENDANTS
APPLICATION FILED UNDER SECTION 151 OF THE CODE OF CIVIL
PROCEDURE CODE, 1908, ON BEHALF OF THE SECOND DEFENDANT
For the reasons stated in the accompanying affidavit, the Second Defendant herein prays
that this Hon’ble Court may be pleased to reopen the stage of placing this Defendant ex parte
and permit this Defendant to come on record, in the interest of justice and equity.
Bengaluru
Dated: Advocate for Second Defendant
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IN THE COURT OF THE CITY CIVIL JUDGE AT BENGALURU
O.S NO. 3111/2023
BETWEEN:
M/s. J.P.M Hospitalities Pvt. Ltd. ...PLAINTIFF
AND:
Dr. T.N. Venkatesh
Since deceased by his L.R’s ...DEFENDANTS
AFFIDAVIT
I, Ashwin Tirumale Venkatesh, aged about 48 years, son of Late Sri. Venkatesh, residing at No.
802, Transill Circle, Santa Clara 95054 CA USA, do hereby solemnly affirm on oath and state as
follows:
1. I am the Second Defendant herein, and am aware of the facts of the case and am
competent to swear to the contents of this affidavit.
2. I state that the Plaintiff has filed the subject suit, inter alia seeking a judgement and
decree for specific performance of the agreement of sale dated 08.03.2019 directing the
Defendants to execute and register the sale deed upon receipt of the balance sale
consideration.
3. I state that my father Late Sri. Venkatesh had purchased the suit schedule property in the
year 1988 and he passed away on 04.10.2019. My mother the First Defendant herein,
myself and my sister the Third Defendant herein, are the only legal heirs of our father,
late Sri. T.N. Venkatesh.
4. I state that myself and my sister have executed a Release Deed dated 26.04.2022 in the
First Defendant, our mother’s favour and have released our 1/3 rd right, title and interest
over the Suit Schedule Property in our mother’s favour. This execution of the release
deed is also evident from the perusal of the Plaint and Document No. 7 produced by the
Plaintiff.
5. I state that the subject matter was last listed on 13.09.2023 where in this Hon’ble Court
was pleased to hold the summons served on me as sufficient and placed me ‘ex parte’.
Admittedly I do not have any right, title or interest in the schedule property and hence
am not a necessary or proper party to the present suit. The Plaintiff making me a party to
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the suit has no nexus with the relief claimed in the plaint, and I am neither a necessary
nor a proper party to the suit.
6. I state that I permanently reside in USA at No. 802, Transill Circle, Santa Clara 95054
CA USA. I do not reside in the address where the summons was served on me.
7. I state that I have not executed any General Power of Attorney in favour of Sri. T.C.
Ananthamurthy to represent me in any Court matters.
8. However, the Plaintiff herein with a false intention to mislead this Hon’ble Court has
taken steps to serve summons in the address of Sri. T.C. Ananthamurthy as my General
Power of Attorney holder. I state that I do not reside in the said address. Hence, the
summons purportedly sent to the address of Sri T. C. Ananthamurthy cannot be held as
sufficient service on me. I became aware of the summons being sent to the wrong
address through the first Defendant, on the last date of hearing.
9. I state that my absence or my Counsel’s absence on 13.09.2023 was inadvertent and is by
no means to protract the judicial proceedings.
10. I state that my absence, on 13.09.2023, before this Hon’ble Court, is unintentional, bona
fide and for the reasons stated above. Hence, the accompanying application.
11. Great loss and hardship will be caused to me if the accompanying application is not
allowed. Per contra, no loss or injury will be caused to Plaintiff, if the same is allowed.
WHEREFORE, it is prayed that this Hon’ble Court may be pleased to allow the
accompanying application, in the interests of justice and equity.
Identified by me:
Advocate DEPONENT
Santa Clara
Dated:
No. of corrections:
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VERIFICATION
I, Ashwin Tirumale Venkatesh, the Second Defendant herein, do hereby state that what is stated
above in para 1 to 11 are true and correct to the best of my knowledge, information and belief.
Santa Clara
DEPONENT
Date:
