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IN THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE: ONGOLE OS 56/2013
BETWEEN Mandapati Ramadevi And Vallamreddy Mastan Reddy & Another Defendants Plaintiff
WRITTEN STATEMENT FILED ON BEHALF OF THE 1st DEFENDANT 1 The s!it is not maintaina"le either in la# or on fa$ts and it is lia"le to dismiss in limini% & The plaintiff is here "y stri$tly to prove the alle'ations #hi$h are spe$ifi$ally not admitted here !nder "y this defendant% ( )t is tr!e that the plaintiff and defendants 1 and & are the $hildren of *ate Vallamreddy Ven+ates#ara Reddy and Es#aramma%1 st defendant is the "rother and &nd defendant is the sister of the plaintiff and the said Vallamreddy Ven+ates#ara Reddy died intestate prior to 1,,-% . )t is false to alle'e that after demise of Ven+ates#ara Reddy the 1 st defendant maintainin' /oint family properties i%e% s!it s$hed!le property0 the s!it s$hed!le properties are in /oint and $onstr!$tive possession of plaintiff and defendants 1 and &and s!"se1!ently in the year &22& some of the s!it s$hed!le properties #ere p!r$hased from the family of late Vallamreddy 3atyanarayana Reddy #ho is paternal !n$le of plaintiff and defendants 1and & "y spendin' /oint family f!nds and some of the property stand in the name of Vallamreddy Es#aramma #ho is the mother of the plaintiff and defendants 1 and &0 she #as died intestate re$ently and after demise of Es#aramma the plaintiff relia"ly $ame to +no# thro!'h the villa'e elders that the 1 st defendant $reated some of sham and nominal do$!ments in the name of his #ife "y name Ranadevi #ith re'ard to some of the property #hi$h is in the name of late
Es#aramma and the sham and nominal do$!ments are not "indin' !pon the plaintiff and defeat her ri'hts% 4 )t is false to alle'e that after demise of Es#aramma defendants 1 and & $han'ed their mind set #ith ille'al ideas and re$ently plaintiff $ame to +no# that the defendants 1 and & are tryin' to alienate some of the s!it s$hed!le properties in favo!r of third parties #itho!t noti$e or +no#led'e of the paintiff0 "y $reatin' sham and nominal do$!ments #ith 'reedy mind #ith an intention to defeat the /oint ri'hts of the plaintiff and the plaintiff made repeated demands personally and thro!'h mediators for ami$a"le partition of the /oint family properties0 "!t there is no proper reply from the defendants 1 and & and the plaintiff re1!ested the defendants 1 and & personally so many times to $o5operate for ami$a"le partition0 "!t the defendants 1 and & did not $o5operate for ami$a"le partition #ith evil motive and the plaintiff and defendants 1 and & are havin' 16(rd share e1!ally in the plaint s$hed!le properties% 7 )t is s!"mitted that the plaintiff is not a#are of the ori'in and a$$r!al ri'ht of plaint s$hed!le properties% There"y0 the plaintiff made a 'eneral statement in the plaint that all the s$hed!le properties are an$estral properties% The 1st defendant is the hard #or+er and doin' the a'ri$!lt!re% 3in$e his $hild5hood he #as assistin' his father in the a'ri$!lt!ral #or+s% )t is s!"mitted that in Mar$h0 1,84 plaintiff married a married person "elon's to different $aste% At the time of elopin' #ith the said person the Plaintiff too+ a#ay the 'old ornaments #ei'hin' a"o!t &2soveri'ns and $ash of Rs% 12022265 from the ho!se% 3in$e then she has "een livin' #ith her h!s"and% Therefore the plaintiff is not entitled for partition of the s$hed!le properties% 8 )t is s!"mitted that the To"a$$o Barns #hi$h #as sho#n in the item 7 in the plait s$hed!le are e9$l!sive property of the 1st defendant% The 1st defendant p!r$hased the said property in the name of his father% The To"a$$o Barns are in the name of the 1 st defendant%
)t is s!"mitted that item no% 8 #as p!r$hased "y the 1 st defendant #ith his o#n f!nds and item no%, does not "elon's to the 1 st defendant% )tem no% , "elon's to the parental !n$le of the 1st defendant%
12 3in$e the plaintiff left the matrimonial home in the month of Mar$h 1,84% 3he is not entitled for partition of the s$hed!le property% The s$hed!le properties are not the potential properties for $!ltivation% 11 )t is f!rther s!"mits that the plaintiff filed the s!it only to $oer$e the 1 st defendant to pay the amo!nt to her% The 1 st defendant too+ $are and #elfare of his parents and 'rand parents% The 1st defendant provided all the amenities to his parents even "y attendin' the $oolie #or+ as the s$hed!le properties are not 'ivin' any yieldin'% 1& There is no $a!se of a$tion for filin' the s!it% 1( The s!it is "arred "y limitation 1. The plaintiff is not entitled any share in the s$hed!le properties% :en$e it is prayed that this :on;"le $o!rt may "e pleased to dismiss the s!it #ith $osts in the interest of /!sti$e%
A !"#$t% &"' 1st D%&%( $(t
1st D%&%( $(t
The a"ove $ontents are tr!e and $orre$t "est of my +no#led'e "elief information% O()"*%+ Dt, 03-06-2013, 1st D%&%( $(t
IN THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE: ONGOLE OS 56/2013
BETWEEN Mandapati Ramadevi And Vallamreddy Mastan Reddy & another Defendants Plaintiff
AFFIDAVIT FILED U/S 13. OF C,/,C
) Vallamreddy Mastan Reddy 36o *ate Ven+ates#ara Reddy0 a'ed .- years0 :ind!0 R6o 15&.0 <!r!vareddy palem Villa'e0 3%N Pad! Mandal0 Pra+asam Distri$t do here "y solemnly affirm and state as follo#s=5 ) am the 1st defendant in the a"ove s!it% ) am #ell a$1!ainted #ith the fa$ts of the $ase% ) s!"mit that the plaintiff filed the a"ove s!it a'ainst me #ith all false alle'ations% ) f!rther s!"mitted that the $ontents in the #ritten statement may "e read as part and par$el of this affidavit% The $ontents mentioned in the #ritten statement all are tr!e and $orre$t0 "est of my +no#led'e "elief information% :en$e0 ) pray the :on;"le $o!rt to dismiss the s!it #ith $osts in the interest of /!sti$e%
D%0"(%(t The a"ove $ontents are read over to the deponent in Tel!'!0 havin' admitted as tr!e and $orre$t0 solemnly affirmed and sin'ed "efore me on this 2(rd day of >!ne0 &21( at ?n'ole% A !"#$t%
