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And:

G.Venkata Ramakrishna Rao and 4 Others ...Defendants


Affidavit filed on behalf of the Proposed Parties/Petitioners /Third Parties
I, Matamalam Anand Reddy S/o Narasimha Reddy, Hindu, aged abiout 47 Years, Self Employed,
R/o 20-3-1/5B, Siva Jyothi Nagar, Tirupati - 517507 do hereby solemnly affirm and state as
follows:
1. I am the deponent herein, and third party to this suit and also the proposed
party to the suit, and as such am well acquainted with the facts of the case. I am filing this
affidavit on my behalf and also on behalf the other petitioners/third parties herein and we have
no conflict of interest amongst us, as we all have common interest in the plaint B Schedule land
i.e., a road connecting our residential locality to the main road with the plaintiffs in the suit along
with other residents of the said locality and I have been authorized by other petitioners to file the
same.
2. I submit that I am the resident of Siva Jothi Nagar, Tirupati Urban Mandal,
Tirupati, and such there is road/easement in the plaint B Schedule since more than the year 1987
without any objection or hindrance whatsoever in nature from anybody, including the land
owners, statutory authorities etc.
3. I further submit that there are several hundreds of residents, who are using
the above referred Plaint B Schedule property for ingress and egress to their houses, from the
main road, and as such is the vital link of easement for the residents to school, hospitals, work,
livelihood etc. Apart from the plaintiffs, there are thousands of residents from all walks of life
including teachers, businessman, retired judges, engineers, doctors etc., peacefully in residing in
Sivajyothi Nagar.
There are number of apartments, multi storied buildings, hundreds of
independent houses situated in Sivajyothi Nagar and are living peacefully for the last more than
22 years without any hindrance of easement access through Plaint B Schedule lands in any
manner.
4. I further submit that the plaint 'B' schedule Road is the only access way to reach their
houses. Right from a bicycle, Auto rickshaws, Buses, Cars, Ambulances and all sort of vehicles
and people have to go through the plaint 'B' schedule Road only to reach their houses
andthr:eisriaother alternative road( pathway or access in any manner to the plaintiffs, petitioners
and other residents in the vicinity.
5. I further submit that the defendant No.1 is an utter stranger to petitioners, the /Petition
schedule property and to the plaint 'B' schedule lands, and on Date:224K-
, 2016 at around 1 Pm, the defendant No.1 suddenly came with a ange;ntingent of
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rowdy elements and anti-social elements with Bulldozers, JCB earthmoving machines and tried
to illegally trespass into the plaint B schedule road and tried to erect the asbestos/synthetic fiber
sheets to fence the plaint 'B' schedule Road and made desperate attempts to totally block the road
illegally. The petitioners ho weresiocl ked with this sudden atrocious and illegal act of the
defendant No.1 rushed to the plaint 'B' schedule Road and t w rted the high handed attempts of
the defendant No.1 in blocking and fencing the plaint schedule road and questioned She illegal
acts of the defencizatNDlo.1 along with the plaintiffs in the suit. In spite of serious protests
bythe plaintiffs, petitioners herein along with other residents i.e., hundreds of men, women and
old age people, the defendant No.1 tried to carry out his illegal attempts to fence the plaint
schedule road but the same was cesistedplaintiffs, the petitioners herein and thousands of the
residents who are using the plaint B schedule as road and defendant No.1 had created utter chaos
and panic in the plaint schedule by bringing rowdy elements. Knowing about this illegal acts of
defendant No.1, the Police personnel rushed to the plaint schedule property and took the
defendant No.1 under their control. However, the defendant No.1, and his men openly warned
the plaintiffs, petitioners and other residents that he is having strong political, judicial clout and
connections in high places and by any means, he would block the plaint schedule Road and will
prevent the plaintiffs, petitioners herein in using the plaint schedule Road and none can protect
the residents of Siva Jyothi Nagar from his illegal and highhanded acts. The above narrated facts
are reported in local Andhra Jyothi news paper. The petitioners being law abiding citizens with
no other option left, are filing the present implead
nnfitinn fnr inininn with tha niaintiffc in tha cult fnr tha raliaf of nprmanent

6. It is submitted that in the above regard that we are also interested in the
right to relief in respect of the common fact of usage of the Plaint B Schedule property for
ingress and egress and the threat of obstruction that the 1st defendant is causing in the same. In
this regard it is submitted that we also wanted to join the proceedings of the suit in O.S. 252 of
2016, but due logistical issues we could not all do so, and hence this petition. I further submit
that they are several electricity poles affixed by the APSPDCL, Tirupati many years ago in due
recognition of the ingress and egress of the residents of the locality of the plaint B Schedule land
which the 1st defendant is trying to influence the removal of the same. In this regard it is
submitted that if the 1st Defendant is successful in his endeavour, we all would be put to great
loss and suffering. In view of all of the above, we pray that the Hon'ble Court may be pleased to
permit us to join as the plaintiffs along with the already existing plaintiffs.
7. I further submit that we are filing relevant documents to prima facie prove
our status as the residents of Siva Jyothi Nagar, and interested parties in the easement rights of
ingress and egress of the petition/Plaint B Schedule property, by reserving our rights to file
additional documents/evidence in order to prove our contentions.
8. It is submitted that in view of the common question of fact and law, and
relief from the same series of acts with regard to ingress and egress of the plaint B Schedule
property, we humbly pray that the Hon'ble Court may be pleased to permit us to join as the
plaintiffs along with the already existing plaintiffs or else, the petitioners/third parties herein
would be put to irreparable loss, hardship and damage, and would lead to multiplicity of
proceedings.
DEPONENT
Solemnly affirmed and signed before me at Tirupati on
09-10-2017 Advocate Attester