IN THE HIGH COURT OF JUDICATURE OF ……………….AT ………………
C.M.P. No………….. of 20…….
in
S.A.No…………….. of 20……..
Between :-
…………………….
……………………. ...Petitioner/Appellant
And
Name and particulars
to be furnished … Respondent
Affidavit of ……………., the petitioner herein
I, …..……………………………………………………….….
S/o……………………………………..…….………………..
Hindu, aged about………………………………….. years, ……………………
R/o. ……………………………………..………………….
Taluk, …………………………………………..………. District, and now having temporarily come down to …………………………………………………………………, do hereby solemnly and sincerely affirm and state on oath as follows :-
1. That I am the petitioner herein and the Appellant in the above second appeal and as such I am well acquainted with the facts of the case.
2. I crave the leave of this Hon’ble Court to read the contents of the Memorandum of Grounds of second Appeal as part and parcel of this affidavit also for better appreciation of the facts and circumstances of the case.
3. I submit that the 1st respondent herein filed a suit O.S. No……….. ……… of ………..……… on the file of the Court of the District Munisf…………………………..., for specific performance of agreement of sale dt. ………… alleged to have been exhibited by the 1st defendant in the said suit in her favour and also for consequential relief.
4. I further submit that both the Courts below have disbelieved the agreement of sale and the suit was dismissed by trial Court. The Appellate Court also had agreed to the findings of the trial Court but erroneously having agreed with the finding of the trial Court has given a peculiar decree granting specific performance for an extent of Ac…………………….…….. cents only in Survey No……………………… excluding the extent covered by ………………….............. This approach of the Appellate Court is totally erroneous. Apart from it the subsequent even that a registered sale deed dt. ………. was executed in my favour. For that also for proper and valid consideration had not been taken note of by the Appellate Court. Apart from that when the Agreement of sale is disbelieved the considerable relief for specific performance of the partial modification of the decree by the Appellate Court, the 1st respondent is taking serious steps to execute the decree for Ac ……… cents only, since she has right to do so.
5. It is submitted that by oversight the Judgment and decree of the Lower Court made in O.S.No. …………………… of ……………….. on the file of the District Munisf, …………., dated ……….. is not applied alongwith the certified copies on A.S.No. ……………………..….. of ………. The said mistake on my part is neither intentional nor wanton. Typed copies of the judgement and decree are filed alongwith the above second appeal and hence it may be dispensed with for the present.
Under these circumstances, it is just and necessary in the interests of justice, that this Hon’ble Court may be pleased to :-
(i) stay the execution of the decree made in A.S.No. …….. of ……… on the file of the District Judge, dt. …………. partly allowing the Appeal for an extent of Ac……….. cents, reversing part of the decree and judgment made in O.S.No. ………. of …….. on the file of the Court of the District Munsif, …………. dt. …………, pending the disposal of the above second appeal;
(ii) to dispense with the filing of the certified copies of the judgment and decree made in O.S.No. ……. of …….. on the file of the Court of District Munsif, ……….. dated ……….. for the present;
and pass such other and further order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case, or otherwise. I will be put to irreparable loss, grave suffering, great hardship, heavy injury and serious loss.
Deponent
Before me
Solemnly affirmed at Hyderabad,
on this the …………………. of
and signed his name
Advocate Hyderabad in my presence.
*
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