IN THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE, KADAPA

E.P.No.102/2017
In
0.S.No.535/2015
Chevuru Rajasekhar Reddy …Petitioner/D.Hr
Vs.
V. Naga Subba Reddy …Respondent/J.Dr
EXAMINATION-IN-CHIEF AFFIDAVIT OF R.W-1 (RESPONDETN
J/Dr) FILED ON BEHALF RESPONDENT UNDER ORDER 18
RULE 4 (1) OF C.P.C.

I Varanasi Nagasubba Reddy, S/o Varanasi Basi Reddy aged about 40

years, Hindu, Teacher in Bhashyam Public school, residing at Door
No.45/150-12, Balaji Nagar, Kadapa city, I do hereby solemnly declare and
state as follows:-

1. I am the deponent as RW-1 herein and that I am the

respondent in E.P.No.102/2017. I know the facts of the case.

2. I humbly submit that the petitioner filed this execution

petition against me for realization of E.P. amount of Rs.1,15,418 by
selling the E.P. schedule property of third parties i.e. ground floor plus 3
floors of others. The E.P. schedule ground floor plus 3 floors does not
belong to me. The E.P. schedule property is not having door number, but
it is referred by survey numbers which cannot be identified and seen on
the ground in the large number of houses in this Kadapa City.

3. I humbly submit that the site of the E.P. schedule property

ground floor plus 3 floors was purchased by Varanasi Devi under, two
registered documents No.808/2007 dated 24-12-2007 and another
document No.849/2007 dated 27-12-2007. The said Varanasi Devi and
some others established Kartikeya Educational Society at Kadapa City
and got that educational society registered as society No.638/2003 on
29th day of October 2003 in the office of Registrar of Societies, Kadapa
This Kartikeya Educational Society of Kadapa mortgaged that property of
Varanasi Devi and the site of the third parties to State Bank of India,
Yerramukkapalle Branch, Kadapa City during 2007 year and got loan of
Rs.30,00,000/- for construction of ground floor plus 3 floor for running
Bhashyam Public School, near S.V. Degree College besides Narayanadri
Resident" in Chemrta area in Kadapa City and started construction of
that building for Bhashyam Public School. The Kartikeya Educational
 :: 2 ::
Society started construction of building for running Bhashyam Public
School and that loan was not, sufficient for completion of that School
building. That Kartikeya Educational Society took second loan of
Rs.30,00,000/- during 2011 year from State Bank of India,
Yerramukkapalle Branch at Kadapa City to complete the construction of
building of Bhashyam Public School. The Kartikeya Educational Society
also borrowed large amounts from various persons for construction of
Bhashyam Public School building and those amounts are yet to be paid
to the creditors.

4. I humbly submit that the E.P. schedule building ground floor

plus 3 floors does not belong to me. In fact Smt. Varanasi Devi is the
owner of E.P schedule property which property is under the control and
management of Kartikeya Education Society School named Bhashyam
Public School. The boundaries mentioned in the E.P. schedule for ground
floor plus three floors are totally wrong and not at all correct and that
the E.P. schedule building is not found within the boundaries stated in
the schedule of E.P.No.102/2017. The ground floor plus 3 floor owned
by Varanasi Devi are situated in the property shown in the registered
deeds of Varanasi Devi within the boundaries of her registered
documents as submitted below:
East - Plot No.38 belongs to Emam Khasim Sab
West - Plot No.36 belonging to Khatum Bi
North - Road
South - Lands of others
5. I humbly submit that the petitioner falsely mentioned the
Bhashyam Public School Building property of ground floor plus three
flours in this E.P. schedule for knocking away the property of Bhashyam
Public School owned by Varanasi Devi for making wrongful gain of E.P.
schedule property by causing unlawful loss and injustice to the
Bhashyam Public School. The school building in Chemmumiahpet
Revenue Ward number is No.45 in Kadapa City. The E.P. schedule
property got the property tax assessment No.1013048076 assessed in
the name of Bhashyam Public School bearing Door No.45/150-12
Chemmumiahpet, Kadapa City with property tax of Rs.51,450/- and that
Bhashyam Public School paid that property tax to Kadapa Municipal
 :: 3 ::
Corporation on 26-09-2016 for the period from 01-10-2015 to 31-03-
2017 under receipt No.09/2016 - 17/57611 issued in the name of
Bhashyam Public School, Kadapa City. The Kadapa Municipal
Corporation receipt is being filed along with this counter for perusal of
the Honourable court.

6. I humbly submit that the Kartikeya Educational Society filed

Income Tax Returns to Income Tax Department showing the account of
Bhashyam Public School with old door No.2/150-12, Balaji Nagar,
Kadapa City for the periods from 01-04-2010 to 31-03-2011 and from
01-04-2011 to 31-03-2016 and State of Accounts of Bhashyam Public
School dated 01-03-2017 and financial status in State. Bank of India,
Yerramukkapalle, Kadapa city were submitted. Previous the old door
number was 2/150-12 to Bhashyam Public School, Chemmumiahpet,
Kadapa City. Later the Municipal Corporation of Kadapa changed the old
door number Door No.2/150-12 by giving new door as 45/150-12. The
Kartikeya Educational Society is owing Bhashyam Public school building
was constructed by mortgaging that Bhashyam Public School property to
State Bank of India, Y.M. Palli Branch, Kadapa City and got the loan to
the extent of rupees 60 (sixty) lakhs and also with borrowed amounts of
lakhs of rupees from third parties. The Kartikeya Education Society has
to discharge those loans by running Bhashyam Public School in
Profitable manner.

7. I humbly submit that the mortgaged property of extent 0.05

extent in S.No.592/2 and S.No.592/3 to State Bank of India, Y.M palle
Branch along with property of Varanasi Devi for Securing the loan of
Rs.60,00,000/- from State Bank of India, Y.M. Palle Branch. So the
petitioner has no right or authority to sell the mortgaged property of
0.05 of Varanasi Devi in public auction for realization of this E.P. amount.

8. I humbly submit that I filed I.P.No.14/2016 in Additional

Senior Civil Judge Court at Kadapa showing my 0.02 1/2 cents of site in
S.No.592/2 and S.No.592/3 as first item in the schedule of
I.P.No.14/2016 by showing the name of petitioner in I.P No.14/2016. So
the official receiver of Kadapa will administer that property among the
creditors as per the Provisions of Law.
 :: 4 ::
9. I humbly submit that the E.P. schedule property belongs to
Bhashyam Public School and does not belong to me. There is no decree
against Kartikeya Educational Society or Bhashyam Public School. So the
petitioner has no right or authority to sell the E.P. schedule property of
Bhashyam Public School run by Kartikeya Educational Society. The public
school property cannot be sold for the debts of third parties as per the
Provisions of Law in force. This E.P.No.102/2017 schedule property is
100% encumbered and cannot be sold and that there are no merits in
this petition and that the E.P.No.102/2017 is liable to be dismissed.

9. THE FOLLOWING DOCUMENTS MAY KINDLY BE

MARKED ON MY BEHALF AS EXBIT R-1 TO R-2:
1. EX. R-1 is Property Tax issued in the name of Bhashyam
Public School with door No.45/150-12, Chemmumiahpet, Kadapa for
paying property tax of Rs.51,450/- on 26-09-2016 for the period from
01-10-2015 to 31-03-2017.

2. EX. R-2 is certificate copy registered sale deed No.849/2007

dated 27-12-2007 executed in favour of Varanasi Devi by Rachapalli
Narayana Reddy S/o. Chenna Reddy for this E.P schedule property.

10) Therefore I pray that the Honourable Court may be pleased to

dismiss this execution petition in the interest of justice.

Solemnly affirmed and signed before me on 13th day of

December, 2018 at Kadapa.

ADVOCATE FOR THE RESPONDENT

DOCUMENT FILED ON BEHALF OF THE PETITIONER:

1. Certificate copy registered sale deed No.849/2007 dated 27-

12-2007 executed in favour of Varanasi Devi by Rachapalli Narayana Reddy
S/o. Rachapalli Chenna Reddy for this E.P schedule property.

ADVOCATE FOR THE RESPONDENT

 IN THE COURT OF PRINCIPAL
JUNIOR CIVIL JUDGE, KADAPA

E.P.No.102/2017
In
0.S.No.535/2015
Chevuru Rajasekhar Reddy
… Petitioner/D.Hr

Vs.

V. Naga Subba Reddy

…Respondent/J.Dr

EXAMINATION-IN-CHIEF
AFFIDAVIT OF R.W-1
(RESPONDETN J/Dr) FILED ON
BEHALF RESPONDENT UNDER
ORDER 18 RULE 4 (1) OF C.P.C.

Filed by:

Sri. K. Venkata Reddy, B.Com., B.L.,

Advocate for the Respondent,
Kadapa city.
 IN THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE, KADAPA
E.A No. /2018
In
E.P.No.102/2017
In
0.S.No.535/2015
V. Naga Subba Reddy … Petitioner /J.Dr
Vs.
Chevuru Rajasekhar Reddy …Respondent/D.Hr
AFFIDAVIT
I Varanasi Nagasubba Reddy, S/o Varanasi Basi Reddy aged about 40
years, Hindu, Teacher in Bhashyam Public school, residing at Door
No.45/150-12, Balaji Nagar, Kadapa city, I do hereby solemnly declare and
state as follows:-

1. I am the petitioner herein and that I am the respondent in

E.P.No.102/2017. I know the facts of the case.

2. The respondent filed this E.P against me. I could not get
certificate copy of sale deed dated 27-12-2007 of Varanasi Devi at the
time of filing my counter. Now I got the certificate copy of that Varanasi
Devi from registration department and the filing that the document now
for the purpose of marking on my behalf as my material evidence.

3. There is necessity to receive that document for marking on

my behalf as my material evidence. I will suffer heavy loss and injustice if
my document is not received for making in this E.P as my material
evidence.

4. Therefore I pray that the Honourable court may be pleased

to receive the document dated 27-12-2007 of Varanasi Devi relating to
the E.P schedule property for marking on my behalf in E.P No.102/2017
in the interest of justice

Solemnly affirmed and signed before me on 13th day of

December, 2018 at Kadapa.

ADVOCATE
 IN THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE, KADAPA
E.A No. /2018
In
E.P.No.102/2017
In
0.S.No.535/2015
Varanasi Nagasubba Reddy, S/o Varanasi Basi Reddy
aged about 40 years, Hindu, Teacher in Bhashyam
Public school, residing at Door No.45/150-12,
Balaji Nagar, Kadapa city. … Petitioner /J.Dr
Vs.
Chevuru Rajasekhar Reddy, S/o, C. Sidda Reddy,
Aged about 46 years, Hindu, Business, Door No.4/631-6,
Patel Road, Kadapa city. …Respondent/D.Hr
PETITION FILED ON BEHALF OF THE PETITIONER U/O 8
RULE 1-A (3) OF C.P.C
For the respond stated in the accompanying affidavit that the
Honourable court may be pleased to grant leave for receiving the
registered sale deed dated 27-12-2007 of Varanasi Devi relating to the
E.P schedule property for marking on my behalf petitioner in E.P
No.102/2017 in the interest of justice

ADVOCATE FOR THE PETITIONER

DOCUMENT FILED ON BEHALF OF THE PETITIONER:

1. Certificate copy registered sale deed No.849/2007 dated 27-

12-2007 executed in favour of Varanasi Devi by Rachapalli Narayana Reddy
S/o. Rachapalli Chenna Reddy for this E.P schedule property.

ADVOCATE FOR THE PETITIONER

 IN THE COURT OF PRINCIPAL
JUNIOR CIVIL JUDGE, KADAPA

E.A No. /2018

In
E.P.No.102/2017
In
0.S.No.535/2015
V. Naga Subba Reddy
… Petitioner /J.Dr
Vs.

Chevuru Rajasekhar Reddy

…Respondent/D.Hr

PETITION FILED ON BEHALF OF

THE PETITIONER U/O 8 RULE 1-
A (3) OF C.P.C

Filed by:

Sri. K. Venkata Reddy, B.Com., B.L.,

Advocate for the Respondent,
Kadapa city.