Implead Petition In Mvop-61-2016

IN THE COURT OF THE VIIth ADDL. DISTRICT JUDGE::ONGOLE I.A.No. /2017 in M.V.O.P. No.61/2016 Between:-

1. Attanti @ Attinti Jyothi W/o.Late Yesobu, aged about 21 years, House Wife, 2. Attanti @ Attinti Himaja Sri D/o.Late Yesobu, aged about 2 years, 2nd petitioner is being minor rep.by her mother, 1st petitioner as natural guardian. 3. Attanti @ Attinti Poulu S/o.Israelu, aged 51 years, 4. Attanti @ Attinti Saramma W/o.Poulu, aged about 41 years, All are Hindus & residents of Kamepalli (V), Zarugumalli Mandal, Prakasam District.

…..Petitioners

AND 1. Gangavarapu Srinivasulu S/o.Venkata Subbaiah aged about 31 years, R/o.Vikkiralapeta (V), Zarugumalli Mandal, Prakasam District. Driver of Tractor & Trailer b.No.AP 27 AK 2240 & AP 27 AK 2241. 2. G.Venkata Subbaiah S/o.Kondaiah, aged about 52 years, R/o.Vikkiralapadu (V), Kandukur Mandal, Prakasam District. Owner of Tractor & Trailer b.No.AP 27 AK 2240 & AP 27 AK 2241. 3. The New India Assurance Company Limited, Rep.by its Divisional Manager, Trunk Road, Ongole, Prakasam District. 4. Gangavarapu Audi Lakshmamma @ Audi Lakshamma, W/o.Late Venkata Subbaiah, aged about 50 years, R/o.Vikkiralapadu (V), Kandukur Mandal, Prakasam District. 5. Gangavarapu Venkanna, S/o.Late Venkata Subbaiah, aged about 27 years, R/o.Vikkiralapadu (V), Kandukur Mandal, Prakasam District. …..Respondents PETITION FILED ON BEHALF OF THE PETITIONERS UNDER ORDER 22 R 4(1) & ORDER VI RULE 17 and Sec.151 C.P.C For the reasons stated in the accompanying affidavit this petitioners pray the Hon’ble Court may be pleased to implead the respondents 4 & 5 as legal heirs of the 2nd respondent by amending the main MVOP as per the memo of amendment filed herewith and pass such other reliefs, as the Hon’ble court deems fit and proper, in the interests of justice. Be pleased to Consider ONGOLE, Dt:-23-01-2017.

ADVOCATE FOR PETITIONERS

IN THE COURT OF THE VIIth ADDL. DISTRICT JUDGE, ONGOLE M.V.O.P.No.61/2016 Attanti @ Attinti Jyothi and others

…..Petitioners

Vs Gangavarapu Srinivasulu and others

…..Respondents

AFFIDAVIT FILED U/S 139 C.P.C. I, Attanti @ Attinti Jyothi W/o.Late Yesobu, aged 20 years, Hindu, resident of Kamepalli Village, Zarugumalli Mandal, Prakasam District, do hereby solemnly affirm and sincerely state as follows:I am the deponent herein and 1st petitioner in the above O.P. The 2nd petitioner is my daughter, being minor rep. by me as natural guardian. The petitioners 3 & 4 are my in-laws. I am giving this affidavit on behalf of other petitioners also. It is further submits that the above MVOP is posted to today for taking steps against the 2nd respondent. Recently I came to know that the 2 nd respondent was died while the above OP is pending, I was informed the same by the court ameena.

The respondents 1, 4 & 5 are the legal heirs of the 2 nd

respondent. Except the respondents 1, 4 & 5 there are no legal heirs to the 2 nd respondent. It is just and necessary to add the respondents 4 & 5 as L.R’s of the deceased, 2nd respondent as per the memo of amendment filed herewith, otherwise, I will be put to irreparable loss and injustice. Hence I pray that the Hon’ble Court may be pleased to permit me to amend the main MVOP by adding respondents 4 & 5 are the L.R’s of the 2 nd respondent, as per the memo amendment filed herewith by amending claim petition, in the interest of justice. DEPONENT Solemnly affirmed and signed before me the contents of the affidavit is read over and explained in Telugu to the deponent and admitted her to be correct on this the 23rd day of January, 2017. ADVOCATE, ONGOLE.

V.V.P.K Petitioners

IN THE COURT OF THE VIIth ADDL. DISTRICT JUDGE :: ONGOLE I.A.No. /2017 M.V.O.P.No.61/2016

PETITION FILED ON BEHALF OF THE PETITIONERS UNDER ORDER 22 R 4(1) & ORDER VI RULE 17 & SEC.151 C.P.C

FILED BY:Sri V.V.PAVAN KUMAR ADVOCATE, ONGOLE

IN THE COURT OF THE VIIth ADDL. DISTRICT JUDGE, ONGOLE M.V.O.P.No.61/2016 Attanti @ Attinti Jyothi and others

…..Petitioners

Vs Gangavarapu Srinivasulu and others

…..Respondents

MEMO OF CONSEQUENTIAL AMENDMENT FILED ON BEHALF OF THE PETITIONERS 1. Add the word “Died” within the brackets after the 2 nd respondent name in the cause title. 2. Add the following names in the cause title after the 3rd respondent. (4).Gangavarapu Audi Lakshmamma @ Audi Lakshamma, W/o.Late Venkata Subbaiah, aged about 50 years, R/o.Vikkiralapadu (V), Kandukur Mandal, Prakasam District. (5).Gangavarapu Venkanna, S/o.Late Venkata Subbaiah, aged about 27 years, R/o.Vikkiralapadu (V), Kandukur Mandal, Prakasam District. 3. Delete the word “1 to 3” on 2 nd page, at 1st para at 7th lane, and substitute the word, 1, 3 to 5. 4. Add the word “Died” within the brackets after the word R2 in 3 rd page, 16th column. 5. Add the word “Died” within the brackets after the word R2, on 6 th page, at 2nd para, at 2nd lane.

Be pleased to Consider ONGOLE, Dt:-23-01-2017 ADVOCATE FOR PETITIONERS

IN THE COURT OF THE VIIth ADDL. DISTRICT JUDGE, ONGOLE M.V.O.P.No.61/2016 Attanti @ Attinti Jyothi and others

…..Petitioners

Vs Gangavarapu Srinivasulu and others

…..Respondents

MEMO FILED ON BEHALF OF THE PETITIONERS It is submitted that the 1st respondent is the elder son of the 2nd respondent (Died) and the respondents 4 & 5 are the wife and younger son of the 2 nd respondent. Hence it is prayed that this Hon’ble Court may be pleased to treat the 1 st respondent as Legal Heir to the 2nd respondent along with the respondents 4 & 5, except the respondents 1, 4 & 5, there are no any legal heirs to the 2 nd respondent. Hence the Memo. Be pleased to Consider ONGOLE, Dt:-23-01-2017 ADVOCATE FOR PETITIONERS

V.V.P.K Petitioners

IN THE COURT OF THE VIIth ADDL. DISTRICT JUDGE :: ONGOLE

M.V.O.P.No.61/2016

MEMO FILED ON BEHALF OF THE PETITIONERS

FILED BY:Sri V.V.PAVAN KUMAR ADVOCATE, ONGOLE