Statement of Objections For I.A No.6 Prasanna v. Madhava

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IN THE COURT OF THE CITY CIVIL COURT AND SESSIONS

JUDGE AT BENGALURU

O.S. NO.361/2020

BETWEEN:

Sri. H. Prasanna Kumar …Plaintiff

AND

Sri. D. Madhava Rao … Defendant

STATEMENT OF OBJECTIONS FILED BY THE PLAINTIFF IN


RESPECT OF I.A. No. 6 FILED BY THE DEFENDANT BY WAY
OF AFFIDAVIT

I, Prasanna Kumar H, aged about 73 years, S/of Late H. J


Hanumantha Shetty, residing at No.573, III floor, Maruthi
Elegence, 11th Main Road, 5th Block, Jayanagar, Bangalore –
560041, do hereby solemnly affirm and state on oath as under

1. I am the Plaintiff in this suit and am well aware of the facts


and circumstances of the suit. Hence I am swearing to this
affidavit.
2. I state that what all stated by me in the Plaint may please
be read as part of parcel of this affidavit to avoid repletion
3. I state that the I.A filed by the Defendant under Order VII
Rule 11(d) read with section 151 of the C.P.C is void of
merits and hence liable to be dismissed.
4. I state that the averments of the Defendant made in his
affidavit filed in support of the I.A. by the Defendants are
factually incorrect and not admitted by me and hence the
I.A. is liable to be rejected.
5. I state that the defendant has only filed this application to
hide himself from my I.A under Order XXXVIII Rule 5 R/W
Section 151 of the C.P.C seeking to furnish security for a
sum of Rs. 19,00,000/-( Rupees Nineteen Lakhs Only) and
attachment to kitchen equipments, furniture at the suit
schedule property.
6. I state that I have taken over the possession of the suit
schedule property as per the orders of this Hon’ble Court
dated 10.06.2022 and have even produced the relevant
photographs showing movable property of the defendants
therein offered as security in terms of compliance of this
Hon’ble Court in I.A. No.3 to furnish security for payment of
arrears of rent of Rs. 19,00,000/-(Rupees Nineteen Lakh
Only)
7. I state that the inventory of the movable property of the
defendants at the suit schedule property and proper
valuation of the same has been made and which clearly
shows that the security offered by the Defendant through
his movable property is not worth the principle amount of
Rs.19,00,000/-(Rupees Nineteen Lakh Only) but has only a
scrap value of around Rs. 5,00,000/-.
8. I state without prejudice, that the Defendant in the present
case is falsely filing application for appointment of
commissioner in order to conduct mahazar without
producing any proof what so ever to show slabs, etc.
9. I state that the Defendant is a habitual liar, files false and
frivolous applications and cases, without even bothering
about the consequences thereof and he has been making
false affidavits before the courts suppressing the real facts
and circumstances. Many court have rejected his, such
applications and as the defendant has not filed present
application with clean hands, the IA is liable to be rejected
with heavy costs.

Wherefore, in consideration of the above submissions, it is most


humbly prayed that this Hon’ble Court in the interest of Justice
and Equity be pleased to be rejected and dismiss the I.A. No.4
filed by the Defendant.

“Identified by me”

Advocate Deponent

Date

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