IN THE COURT OF THE CIVIL JUDGE (SR.

DIVISION),
FIRST COURT: CUTTACK

CIVIL SUIT NO. 679 OF 2017(I)

IN THE MATTER OF:

An application under Order XXXII Rule –7 of the
Code of Civil Procedure for grant of leave

AND
IN THE MATTER OF:

Nanda Ashiya
And another … PLAINTIFFS

-Versus -

Sesh Kiran Ashiya

And others … DEFENDANTS

THE HUMBLE PETITION OF THE

PLAINTIFF NO.1 (a) ABOVE NAMED:

MOST RESPECTFULLY SHEWETH:

1. That the original Plaintiff late Nanda Kumar Ashiya filed the present
suit for partition of the suit schedule properties. During pendency of the suit
however most unfortunately he suffered a premature death. After his death,
his widow Nanda Ashiya the present Plaintiff No.1 (a) and his minor son the
Plaintiff No.1 (b) were substituted as the Plaintiffs to continue the suit. The
Plaintiff No.1 (a) as the mother guardian is representing his minor son the
Plaintiff No.1 (b) in the present suit.

2. That in the mean time, the parties to the suit are entering into a
compromise. The interest of the minor Plaintiff No.1 (b) is being sufficient
safeguarded in the compromise and he is being allotted with substantial
extent of properties out of the suit schedule properties. The compromise
which is being effected and the properties which are being allotted in favour
of the minor Plaintiff No.1 (b) is for his benefit. The Plaintiff No.1 (a) is
also relinquishing her share in the properties in favour of her minor son, the
Plaintiff No.1 (b). The entire compromise therefore is for the benefit of the
minor and there is no adverse interest of any kind of the present Plaintiff No.
1 (a) against the minor Plaintiff No. 1 (b).

3. That in the circumstances narrated above, it is therefore desirable for

the ends of justice that appropriate leave be granted in favour of the Plaintiff
No.1 (a) to represent the minor Plaintiff No.1 (b) as his mother guardian to
enter into and record the compromise filed in the suit on behalf of the said
minor Plaintiff No.1 (b).

Hence this petition

PRAYER

The Plaintiff No.1 (a) therefore prays that in view of the facts and
circumstances stated above your honour may be graciously pleased to allow
this application and grant leave in favour of the Plaintiff No.1 (a) to
represent the minor Plaintiff No.1 (b) as his mother guardian to enter into
and record the compromise filed in the suit on behalf of the said minor
Plaintiff No.1 (b).

And for this the Plaintiff No.1 (a) shall as in duty bound ever pray.

CUTTACK By the Plaintiff No.1 (a) through

DATE:

Advocate

AFFIDAVIT

I, Nanda Ashiya aged about 35 yrs, W/o. Late Narendra Kumar

Ashiya, of KIRAN COMPEX, Jhola Sahi, Cuttack - 753 001, do here by
solemnly affirm and state as follows:
 1. That I am the Plaintiff No.1 (a) in the above noted suit.
As the mother of the minor Plaintiff No.1 (b), I am also
looking after the case on his behalf as the mother
guardian.

2. That the facts stated in the Suit are true to the best of my
knowledge and belief.
Identified by

Advocate DEPONENT

CERTIFICATE

Certified that due to non- availability of cartridge papers this has been typed
in white thick papers in my office.

CUTTACK
DATE: Advocate
 IN THE COURT OF THE CIVIL JUDGE (SR.DIVISION),
FIRST COURT: CUTTACK

CIVIL SUIT NO. 679 OF 2017(I)

IN THE MATTER OF:

An application under Order I Rule –10 of the Code
of Civil Procedure for striking out the name of the
Defendant No.4
AND
IN THE MATTER OF:
Nanda Ashiya
And another … PLAINTIFFS
-Versus -

Sesh Kiran Ashiya

And others … DEFENDANTS

THE HUMBLE PETITION OF THE

PLAINTIFFS ABOVE NAMED:

MOST RESPECTFULLY SHEWETH:

1. That the original Plaintiff late Nanda Kumar Ashiya filed the present
suit for partition of the suit schedule properties. During pendency of the suit
however most unfortunately he suffered a premature death. After his death,
his widow Nanda Ashiya the present Plaintiff No.1 (a) and his minor son the
Plaintiff No.1 (b) were substituted as the Plaintiffs to continue the suit. The
Plaintiff No.1 (a) as the mother guardian is representing his minor son the
Plaintiff No.1 (b) in the present suit.

2. That the Defendant No.4 Kailash Dan Ashiya has no subsisting right,
title and interest in any manner whatsoever in respect of the suit schedule
properties. In paragraph 5 of the plaint it has been categorically indicated
that this Defendant No.4 has gifted the property mentioned under Lot No.3
of the plaint in favour of the original Plaintiff late Narendra Kumar Ashiya,
the Defendant No.2 Anand Kumar Ashiya and late Manjulata Ashiya the
widow of the Defendant No.1 Sesh Kiran. But as his name is appearing in
the record of rights in respect of the said properties he was formally added
as a party to the suit.
3. That in the mean time, the said Defendant No.4 has expired.
Indication of his name in the plaint therefore is now unnecessary. In the
circumstances it is therefore desirable for the ends of justice that the name of
the Defendant No.4 should be struck out.

Hence this petition

PRAYER

The Plaintiffs therefore pray that in view of the facts and

circumstances stated above your honour may be graciously pleased to allow
this application and strike out the name of the Defendant No.4 Kailash Dan
Ashiya from the cause title of the plaint.

And for this the Plaintiffs shall as in duty bound ever pray.

CUTTACK By the Plaintiffs through

DATE:

Advocate
AFFIDAVIT

I, Nanda Ashiya aged about 35 yrs, W/o. Late Narendra Kumar

Ashiya, of KIRAN COMPEX, Jhola Sahi, Cuttack - 753 001, do here by
solemnly affirm and state as follows:

1. That I am the Plaintiff No.1 (a) in the above noted suit.

As the mother of the minor Plaintiff No.1 (b), I am also
looking after the case on his behalf as the mother
guardian.
2. That the facts stated in the Suit are true to the best of my
knowledge and belief.
Identified by

Advocate DEPONENT

CERTIFICATE

Certified that due to non- availability of cartridge papers this has been typed
in white thick papers in my office.
CUTTACK
DATE: Advocate