IN THE COURT OF THE 1st ADDL.

DISTRICT JUDGE, ONGOLE

I.A.No.
/2015
in
I.A.No.2358/2014
in
C.M.A.No.34/2014
Between:
1. Kanneganti Kamala Kumari,
W/o.Late Prabhakara Rao, Hindu,
Aged about 50 years, House Wife,
R/o.Santhapet, Ongole.
2. Kanneganti Varun Prasad,
S/o.Late Prabhakara Rao, Hindu,
Being mentally insane rep. by his mother,
1st respondent/petitioner as natural guardian.
R/o.Santhapet, Ongole.
Petitioners/Respondents
And
Matampalli Pavani Kumar
S/o.Late Sri Rama Sarma,
Aged 32 years, D.No.56-1-35(1),
Near South Railway Cabin,
Pothurajupalem.

...Respondent/Appellant

PETITION FILED ON BEHALF OF THE

PETITIONERS/RESPONDENTS UNDER ORDER IX RULE 7
R/W Or 41 R 19 AND Sec.151 OF C.P.C.
For the reasons stated in the accompanying affidavit, the

petitioner prays the Honble Court to set aside the ex-party

order,
dt.27-01-2015

passed against the respondents 1 & 2 in

I.A.2358/2014 in C.M.A.No.34/2014 and pass such other

appropriate orders, as the Honble Court deems fit and proper, in
the interest of Justice.
Be pleased to consider
Ongole,
Date:31-07-2015.

Advocate for the Petitioners/Respondents

IN THE COURT OF THE 1st ADDL. DISTRICT JUDGE, ONGOLE

I.A.No.2358/2014
in
C.M.A.No.34/2014

Between:
Matampalli Pavani Kumar

..Appellant
Vs

Kanneganti Kamala Kumari and another

..Respondents

AFFIDAVIT FILED UNDER SECTION 139 OF C.P.C.

I, Kanneganti Kamala Kumari, W/o.Late Prabhakara Rao,
Hindu,
Aged about 50 years, House Wife, R/o.Santhapet, Ongole,
Prakasam District, do hereby solemnly affirmed and state on
oath as follows.
1.

I am the 1st respondent in the above C.M.A.34/2014 and

the 2nd respondent is my son and being mentally insane and

rep. by me as natural guardian and I am giving this affidavit on
behalf of 2nd respondent also. I am well acquainted with the
facts of the case.
2.

I humbly submit the Honble Court that the above

I.A.No.2358/2014 was posted to 27-01-2015 for filing counter

on my behalf. But, I failed to appear before the Honble Court
on that day as I held up in Vijayawada for attending death
ceremony. After that I returned to Ongole and I came to know
that I was made ex-party in the above I.A.No.2358/2014. There
is no willful default on my part in not filing counter in the
above case. It is just and necessary to set aside the ex-party
order, dt.27-01-2015. I am having good grounds to succeed in
the above case, so, that I am advised to file this application,

otherwise I will be put irreparable loss.

I am herewith filing

Counter in I.A.No.2358/2014 along with this petition.

3.

Hence, I pray the Honble Court to set aside the ex-parte

order
dt.27-01-2015 passed against the respondents 1 & 2 in I.A.2358/2014
in the above C.M.A.No.34/2014, in the interest of Justice.

DEPONENT

Solemnly affirm and signed before me this the 31st day of July, 2015
Advocate, Ongole.

V.V.P.K

*******************************
IN THE COURT OF THE 1st ADDL.
DISTRICT JUDGE, ONGOLE
I.A.No.
/2015
I.A.No.2358/2014
C.M.A.34/2014

PETITION FILED ON BEHALF OF

THE PETITIONERS/RESPONDENTS
UNDER ORDER 9 RULE 7 r/w Or 41 R
19 & SEC.151 OF C.P.C.

FILED BY:Sri. V.VENKATA PAVAN KUMAR,

ADVOCATE, ONGOLE.