IN THE COURT OF HON’BLE CIVIL JUDGE (JUNIOR DIVISION) : NAGARI
O.S.No.6 of 2021
Between:
Nambakam Jayaramaiah (died) and others ...Plaintiff
And:
M.Mani and others …Defendants
AFFIDAVIT FILED ON BEHALF OF THE PLANTIFFS
I, Nambakam Veeraghavulu, S/o. late Munaswamy, Hindu, aged about
72 years, cultivation, residing at Madhya Mahaveerapuram village,
Kshurikapuram post, Vijayapuram Mandal, Chittoor district, do hereby
solemnly affirm and state as follows:-
1. I submit that, I am the deponent herein and the 3 rd plaintiff in the
above suit. I am also representing on behalf of the other plaintiffs.
2. I submit that we filed the above suit for permanent injunction against
the defendants seeking a decree of injunction restraining them from
interfering with the peaceful possession and enjoyment of the suit schedule
property. During the pendency of the suit, the 1 st defendant expired on
01-03-2024. Accordingly the defendants filed a memo intimating the said
fact but they did not furnish any particulars of legal heirs of the deceased 1 st
defendant. So due to lack of knowledge and moreover I have engaged in
taking ayurvedic treatment for Hepatitis in Kerala and therefore due to
reasons stated above which are beyond control, we could not take timely
steps to bring on record the legal representatives of the deceased
…2…
…2…
1st defendant within the prescribed period. Consequently, the suit was
dismissed as abated against the 1 st defendant vide order dated 04-12-2024.
I submit that the dismissal of the suit is causing irreparable loss and
hardship to us.
3. I submit that now I am filing this petition to set aside the abatement
and to restore the suit to file, by separately filing the petition to bring on
record the legal heirs of the deceased 1 st defendant and also a petition
under Section 5 of the Limitation Act to condone the delay, if any.
4. I submit that the delay is neither willful nor wanton but due to genuine
reasons and prays that this Hon’ble Court may be pleased to restore the suit
in the interest of justice and no prejudice will be caused to the respondents
if the suit is restored and heard on merits else we will be put to serious loss
and damage.
Deponent
Solemnly affirmed and signed before me at Nagari, on -06-2025
ADVOCATE, Nagari
IN THE COURT OF THE HON’BLE CIVIL JUDGE
(JUNIOR DIVISION) :: NAGARI
I.A.No. OF 2025
O.S.No.06 OF 2021
Between:
1. Nambakam Jayaramaiah (died),
2. Nambakkam Susheelamma (died),
3. Nambakam Veeraraghavulu
All are residing at Madhya Mahaveerapuram village, Kshurikapuram
post, Vijayapuram Mandal, Chittoor district.
4. K.Mallika, W/o. Subramanyam,
D/o.late Jayaramaiah,
Hindu, aged about 50 years,
residing at Madhya Mahaveerapuram village,
Kshurikapuram post, Vijayapuram Mandal,
Chittoor district.
5. N.Purushotham, S/o. late Jayaramaiah,
Hindu, aged about 48 years,
residing at Madhya Mahaveerapuram village,
Kshurikapuram post, Vijayapuram Mandal,
Chittoor district.
6. A. Jyothi, D/o.late Jayaramaiah,
Hindu, aged about 46 years,
residing at Chavutapalyam village and post,
Guduru Mandal, Tirupati district
7. N.Ashok,
S/o. late Jayaramaiah,
Hindu, aged about 44 years,
residing at Madhya Molakapudi village and post,
Chittamuru Mandal, Nellore district.
Chittoor district.
…2…
…2…
8. N. Thayaramma,
D/o.late Jayaramaiah,
Hindu, aged about 42 years,
residing at Marappareddy Kandriga Village (Srinivasapuram)
and post, K.V.B.Puram Mandal, Tirupati district.
9. N.Murali, S/o. Balaiah,
Aged about 46 years, Residing at Mangadu village,
Nagari Mandal, Chittoor district.
10. N.Munaswamy, S/o. Balaiah,
Aged about 42 years,
Residing at Madhya Mahaveerapuram village,
Kshurikapuram post, Vijayapuram Mandal,
Chittoor district.
11. N.Thulasi, D/o. Balaiah,
Aged about 40 years,
Residing at Chengadu village,
Sriperambadur Taluk,
Kanchipuram district, T.N.,
12. N.Gopinath, S/o. Devakumar,
Aged about 24 years, residing at
Madhya Mahaveerapuram village,
Kshurikapuram post, Vijayapuram Mandal,
Chittoor district.
13. N.Keerthana,
D/o. Devakumar,
Aged about 22 years, residing at
Madhya Mahaveerapuram village,
Kshurikapuram post, Vijayapuram Mandal,
Chittoor district.
…3…
…3…
And:
1. M. Mani (died), S/o. Mummaiah,
2. The District Collector, Chittoor.
3. The Revenue Divisional Officer, Nagari, Chittoor district.
4. The Tahsildar, Vijayapuram Mandal, Chittoor district.
…Respondents/Defendants
5. N. Elai Babu, S/o.late M. Mani, Hindu, aged about 40 years,
6. M.Purnima, W/o. late.Dhamodar Babu,
Hindu, aged about 40 years,
7. M.Vishnu, S/o. late. Dhamodar Babu,
Hindu, aged about 21 years,
8. N.Hinduja, D/o. late. Dhamodar Babu,
Hindu, aged about 20 years, Student,
Proposed parties No.5 to 8 are residing at
Pedda Mahaveerapuram village,
Kshurikauram post, Vijaypuram Mandal,
Chittoor district.
…Respondents/Proposed Parties
PETITION FILED ON BEHALF OF THE PETITIONERS/PLAINTIFFS UNDER
ORDER 1X RULE 9 READ WITH SECTION 151 OF THE CPC
That for the reasons stated in the accompanying affidavit, it is
therefore prayed that this Hon’ble Court may be pleased to set aside the
order dated 04-12-2024 dismissing the suit as abated and restore the suit to
file and proceed further in accordance with law and pass such other order
(s) as may be deemed fit and proper in the circumstances of the case.
ADVOCATE FOR PETITONERS/PLAINTIFFS
IN THE COURT OF THE HON’BLE
CIVIL JUDGE (JUNIOR DIVISION)
NAGARI
I.A.No. OF 2025
O.S.No.06 OF 2021
PETITION FILED ON BEHALF OF
THE PETITIONERS/PLAINTIFFS
UNDER ORDER 1X RULE 9 READ
WITH SECTION 151 OF THE CPC
Filed on: -06-2025
Sri Kilari Chandrasekhar,
Advocate-Nagari
