Ms.A.Manjulatha

IN THE COURT OF THE JUNIOR CIVIL JUDGE:: ALLAGADDA.

Present:- Ms.Manjulatha Araveti, M.Com.,B.L., Junior Civil Judge, Allagadda.

Dated Tuesday, the 2nd day of May, 2017.

ORIGINAL SUIT No.190/2016

Between:-

State Bank of India, Allagadda rep. by its Branch Manager.…. Plaintif

Versus

1. B.Suvarnamma, W/o. B.Veerannna, Aged about 53 years.

2. B.Bhagyamma, W/o. B.Obulesu, Aged about 50 years.

3. K.Suvarnamma, W/o. K.Esebu, Aged about 43 years.

4. D.Chennamma, W/o. D.Chinthalaiah, Aged about 40 years.

5. B.Kumari, W/o. Shankar, Aged about 43 years.

6. D.Viswasamma, W/o. Esanna, Aged about 44 years.

7. A.Ramakka, W/o. Thirupalu, Aged about 49 years.

8. D.Subbamma, W/o. Muni Swamy, Aged about 50 years.

9. B.Lakshmi Devi, W/o. Veerabhadrudu, Aged about 36 years.

10.D.Ramudu, W/o. Jayanna, Aged about 46 years.

11.D.Kumari, W/o. Prabhudasu, Aged about 43 years.

12.B.Suhasiny, W/o. Shekhar, Aged about 33 years.

All are Hindus, House wives, R/o. Nallagatla Village, Allagadda Mandal, Kurnool District. … Defendants

This suit coming up before me for hearing on 24-04-2017 in the presence of Sri P.S.Mahaboob Basha and Sri U.Prathap, Advocates for the Plaintiff and Defendants have remained ex-parte, and matter having stood over for consideration till today, this Court delivered the following:-

JUDGMENT

1.This is a suit filed by the plaintiff bank against the defendants no.1 to 12 for recovery of loan amount of Rs.2,70,914/- (Rupees two lakhs seventy thousand nine hundred and fourteen only) from the defendants no.1 to 11.

2.The brief averments in the plaint are that the 12 members of

Allagadda Mandal formed into a self help group styled as Seetha Maha

Lakshmi Podupu Lakshmi Group for which the first defendant is the first leader and second defendant is the second leader. All the group members gave a power of attorney to them on 11-12-2007 authorizing them to open savings, fixed deposits and other accounts in the bank. They were authorized to maintain books, to grant loans to the group members and also to receive all payments due to the self help group. On 11-12-2007 a meeting was held by the said Podupu Lakshmi Group in which it was resolved that the defendants no.1 and 2 were permitted to take a loan of Rs.1,20,000/- from the bank.

Accordingly they applied for the said loan which was granted to the defendants. The defendants executed an agreement in favour of the plaintiff bank on 11-12-2007 accepting their conditions and agreeing to repay the same in 48 monthly installments of Rs.2,500/- and also with interest as per the rates fixed by Reserve Bank of India/NABARD for which the interest is fixed at 10.5% per annum.

3.It is pleaded that the defendants also executed and submitted an application form, articles of agreement, inter-se agreement, resolution passed by the defendants, agreement letter in favour of the plaintiff bank on 11-12- 2007. It is pleaded that the defendants utilized the loan through bank account

No.30291143486. Further the first and second leaders executed revival letter to the plaintiff bank on 09-10-2013 acknowledging and confirming the liability of outstanding loan. On 19-10-2015 the plaintiff’s Bank Advocate issued a legal notice to them but the defendants did not pay any amount to the plaintiff

Bank. Hence the present suit is filed.

4.It is seen from records that all the defendants were set ex-parte for their failure to appear before the Court after service of summons.

5.In support of its case the plaintiff bank got filed chief examination affidavit through its Branch Manager reiterating the contents in the plaint about the loan transaction. Through P.W.1 Exs.A.1 to A.9 are marked. Ex.A.1 is application form submitted by the defendants 1 and 2 to the plaintiff bank,

dated 11-12-2007; Ex.A.2 is articles of agreement executed by the defendants

1 and 2 in favour of the plaintiff bank, dated 11-12-2007; Ex.A.3 is inter-se agreement executed by the defendants in favour of the plaintiff bank, dated 11-12-2007; Ex.A.4 is resolution passed by the defendants submitted the same to the plaintiff bank, dated 11-12-2007; Ex.A.5 is the letter of consent cum

Grarantee and Hyphenation, dated 11-12-2007; Ex.A.6 is revival letter executed by defendants 1 and 2 in favour of the plaintiff bank, dated 20-11- 2010; Ex.A.7 is revival letter executed by defendants 1 and 2 in favour of the plaintiff bank, dated 09-10-2013; Ex.A.8 is office copy of legal notice; dated 19- 10-2015 and Ex.A.9 is account extract maintained by plaintiff bank, dated 23- 05-2016.

6.Heard.

7.Now the only point for consideration is whether the plaintiff bank is entitled to recover the suit amount from the defendants?

8.Point:- I have carefully perused the material available on record and it is seen that the defendants 1 and 2 were authorized by the other defendants vide Ex.A.4 resolution to apply for a loan of Rs.1,20,000/-. Thus prima facie liability of defendants 1 and 2 is established by the plaintiff bank.

Further as per Ex.A.3 inter-se agreement authorized the first and second defendants to open savings, fixed deposits and other accounts and also to receive payments due to the self help group. Under this agreement i.e. Ex.A.3 defendants 1 and 2 were elected as the first leader and second leader. Further Exs.A.6 and A.7 are the revival letters executed by the first and second defendants acknowledged the liability of self help group. Ex.A.9 is account extract shows the outstanding amount due from the defendants. The plaintiff bank through the un-challenged testimony of P.W.1 proved the loan transaction apart from exhibiting Exs.A.1 to A.9. Thus the plaintiff bank clearly proved that the defendants are due an amount of Rs.2,70,914/- as such they are liable to repay the said amount to the plaintiff bank.

9.In the result, the suit is decreed with costs in favour of the Plaintiff

Bank directing the defendants no.1 to 12 jointly and severally to pay a sum of

Rs. 2,70,914/- (Rupees two lakhs seventy thousand nine hundred and fourteen only) with subsequent interest @ 10.5% per annum on the principal sum of

Rs.1,20,000/- from the date of filing of the suit till the date of decree and further interest @ 6% per annum from the date of decree till the date of realization.

Typed to my dictation, corrected, signed and pronounced by me in the open court, this the 2 nd day of May, 2017.

JUNIOR CIVIL JUDGE,

ALLAGADDA.

Appendix of Evidence

(Witnesses Examined)

For Plaintif:- For Defendants:-

P.W.1: M.ManjunathNone

Exhibits marked

For Plaintif:-

Ex.A.1: Application form submitted by the defendants 1 and 2 to the plaintiff bank, dated 11-12-2007;

Ex.A.2: Articles of agreement executed by the defendants 1 and 2 in favour of the plaintiff bank, dated 11-12-2007;

Ex.A.3: Inter-se agreement executed by the defendants in favour of the plaintiff bank, dated 11-12-2007;

Ex.A.4: Resolution passed by the defendants submitted the same to the plaintiff bank, dated 11-12-2007;

Ex.A.5: Letter of consent cum Guarantee and Hyphenation, dated 11-12-2007;

Ex.A.6 is revival letter executed by defendants 1 and 2 in favour of the plaintiff bank, dated 20-11-2010;

Ex.A.7: Revival letter executed by defendants 1 and 2 in favour of the plaintiff bank, dated 09-10-2013;

Ex.A.8: Office copy of the legal notice to the defendants, dated 19-10-2015;

Ex.A.9: Account extract maintained by the plaintiff bank, dated 23-05-2016.

For Defendants:- NIL

J.C.J., ALG.

IN THE COURT OF THE JUNIOR CIVIL JUDGE:: ALLAGADDA.

Present:- Ms.Manjulatha Araveti, M.Com.,B.L., Junior Civil Judge, Allagadda.

Dated Tuesday, the 2nd day of May, 2017.

ORIGINAL SUIT No.190/2016

Between:-

State Bank of India, Allagadda rep. by its Branch Manager.…. Plaintif

Versus

1. B.Suvarnamma, W/o. B.Veerannna, Aged about 53 years.

2. B.Bhagyamma, W/o. B.Obulesu, Aged about 50 years.

3. K.Suvarnamma, W/o. K.Esebu, Aged about 43 years.

4. D.Chennamma, W/o. D.Chinthalaiah, Aged about 40 years.

5. B.Kumari, W/o. Shankar, Aged about 43 years.

6. D.Viswasamma, W/o. Esanna, Aged about 44 years.

7. A.Ramakka, W/o. Thirupalu, Aged about 49 years.

8. D.Subbamma, W/o. Muni Swamy, Aged about 50 years.

9. B.Lakshmi Devi, W/o. Veerabhadrudu, Aged about 36 years.

10.D.Ramudu, W/o. Jayanna, Aged about 46 years.

11.D.Kumari, W/o. Prabhudasu, Aged about 43 years.

12.B.Suhasiny, W/o. Shekhar, Aged about 33 years.

All are Hindus, House wives, R/o. Nallagatla Village, Allagadda Mandal, Kurnool District. … Defendants

This is a suit filed by the plaintiff bank against the defendants no.1 to 10 for recovery of loan amount of Rs.2,70,914/- (Rupees two lakhs seventy thousand nine hundred and fourteen only) from the defendants no.1 to 12.

Plaint presented on 27-06-2016 and filed on 11-07-2016.

J.V of Rs.2,70,914/- and C.F of Rs.5,226/- is paid under Sec.20 of A.P.C.F & S.V. Act.

Cause of action for the suit arose at Allagadda Village and Mandal, which is within the jurisdiction of this Court.

This suit coming up before me for hearing on 24-04-2017 in the presence of Sri P.S.Mahaboob Basha and U.Prathap, Advocates for the Plaintiff and the Defendants having remained ex-parte and after the matter having stood over for consideration till today, this Court doth Order and passed the decree as follows:-

DECREE

1) that the suit be and the same is hereby decreed in favour of the plaintiff

Bank;

2) that the defendants 1 to 12 jointly and severally do pay to the plaintiff

Bank a sum of Rs.2,70,914/- (Rupees two lakhs seventy thousand nine hundred and fourteen only) with subsequent interest @ 10.5% per annum on the principal sum of Rs.1,20,000/- from the date of filing of the suit i.e., from 18-07-2016 till the date of decree and future interest @ 6% per annum from the date of decree till the date of realization; and

3) that the defendants 1 to 12 do also pay to the plaintiff Bank a sum of

Rs.11,989/- being costs of the suit;

Given under my hand and seal of the Court, this the 2 nd day of May, 2017.

JUNIOR CIVIL JUDGE,

ALLAGADDA.

MEMO OF COSTS

For PlaintiffFor Defendant Stamp on Vakalat 2-00 Stamp on Plaint 5226-00 Process500-00 Advocate's fee 4913-00 (not certified) Writing charges50-00 Typing Charges50-00 Publication Charges1248-00 ------------- Total11,989-00Nil -------------

J.C.J., ALG.

IN THE COURT OF THE JUNIOR CIVIL JUDGE:: ALLAGADDA.

Present:- Ms.Manjulatha Araveti, M.Com.,B.L., Junior Civil Judge, Allagadda.

Dated Tuesday, the 2nd day of May, 2017.

ORIGINAL SUIT No.190/2016

Between:-

State Bank of India, Allagadda rep. by its Branch Manager.…. Plaintif

Versus

1. B.Suvarnamma, W/o. B.Veerannna, Aged about 53 years.

2. B.Bhagyamma, W/o. B.Obulesu, Aged about 50 years.

3. K.Suvarnamma, W/o. K.Esebu, Aged about 43 years.

4. D.Chennamma, W/o. D.Chinthalaiah, Aged about 40 years.

5. B.Kumari, W/o. Shankar, Aged about 43 years.

6. D.Viswasamma, W/o. Esanna, Aged about 44 years.

7. A.Ramakka, W/o. Thirupalu, Aged about 49 years.

8. D.Subbamma, W/o. Muni Swamy, Aged about 50 years.

9. B.Lakshmi Devi, W/o. Veerabhadrudu, Aged about 36 years.

10.D.Ramudu, W/o. Jayanna, Aged about 46 years.

11.D.Kumari, W/o. Prabhudasu, Aged about 43 years.

12.B.Suhasiny, W/o. Shekhar, Aged about 33 years.

All are Hindus, House wives, R/o. Nallagatla Village, Allagadda Mandal, Kurnool District. … Defendants

This suit coming up before me for hearing on 24-04-2017 in the presence of Sri P.S.Mahaboob Basha and Sri U.Prathap, Advocates for the Plaintiff and Defendants have remained ex-parte, and matter having stood over for consideration till today, this Court delivered the following:-

JUDGMENT

1.This is a suit filed by the plaintiff bank against the defendants no.1 to 12 for recovery of loan amount of Rs.2,70,914/- (Rupees two lakhs seventy thousand nine hundred and fourteen only) from the defendants no.1 to 11.

2.The brief averments in the plaint are that the 12 members of

Allagadda Mandal formed into a self help group styled as Seetha Maha

Lakshmi Podupu Lakshmi Group for which the first defendant is the first leader and second defendant is the second leader. All the group members gave a power of attorney to them on 11-12-2007 authorizing them to open savings, fixed deposits and other accounts in the bank. They were authorized to maintain books, to grant loans to the group members and also to receive all payments due to the self help group. On 11-12-2007 a meeting was held by the said Podupu Lakshmi Group in which it was resolved that the defendants no.1 and 2 were permitted to take a loan of Rs.1,20,000/- from the bank.

Accordingly they applied for the said loan which was granted to the defendants. The defendants executed an agreement in favour of the plaintiff bank on 11-12-2007 accepting their conditions and agreeing to repay the same in 48 monthly installments of Rs.2,500/- and also with interest as per the rates fixed by Reserve Bank of India/NABARD for which the interest is fixed at 10.5% per annum.

3.It is pleaded that the defendants also executed and submitted an application form, articles of agreement, inter-se agreement, resolution passed by the defendants, agreement letter in favour of the plaintiff bank on 11-12- 2007. It is pleaded that the defendants utilized the loan through bank account

No.30291143486. Further the first and second leaders executed revival letter to the plaintiff bank on 09-10-2013 acknowledging and confirming the liability of outstanding loan. On 19-10-2015 the plaintiff’s Bank Advocate issued a legal notice to them but the defendants did not pay any amount to the plaintiff

Bank. Hence the present suit is filed.

4.It is seen from records that all the defendants were set ex-parte for their failure to appear before the Court after service of summons.

5.In support of its case the plaintiff bank got filed chief examination affidavit through its Branch Manager reiterating the contents in the plaint about the loan transaction. Through P.W.1 Exs.A.1 to A.9 are marked. Ex.A.1 is application form submitted by the defendants 1 and 2 to the plaintiff bank,

dated 11-12-2007; Ex.A.2 is articles of agreement executed by the defendants

1 and 2 in favour of the plaintiff bank, dated 11-12-2007; Ex.A.3 is inter-se agreement executed by the defendants in favour of the plaintiff bank, dated 11-12-2007; Ex.A.4 is resolution passed by the defendants submitted the same to the plaintiff bank, dated 11-12-2007; Ex.A.5 is the letter of consent cum

Grarantee and Hyphenation, dated 11-12-2007; Ex.A.6 is revival letter executed by defendants 1 and 2 in favour of the plaintiff bank, dated 20-11- 2010; Ex.A.7 is revival letter executed by defendants 1 and 2 in favour of the plaintiff bank, dated 09-10-2013; Ex.A.8 is office copy of legal notice; dated 19- 10-2015 and Ex.A.9 is account extract maintained by plaintiff bank, dated 23- 05-2016.

6.Heard.

7.Now the only point for consideration is whether the plaintiff bank is entitled to recover the suit amount from the defendants?

8.Point:- I have carefully perused the material available on record and it is seen that the defendants 1 and 2 were authorized by the other defendants vide Ex.A.4 resolution to apply for a loan of Rs.1,20,000/-. Thus prima facie liability of defendants 1 and 2 is established by the plaintiff bank.

Further as per Ex.A.3 inter-se agreement authorized the first and second defendants to open savings, fixed deposits and other accounts and also to receive payments due to the self help group. Under this agreement i.e. Ex.A.3 defendants 1 and 2 were elected as the first leader and second leader. Further Exs.A.6 and A.7 are the revival letters executed by the first and second defendants acknowledged the liability of self help group. Ex.A.9 is account extract shows the outstanding amount due from the defendants. The plaintiff bank through the un-challenged testimony of P.W.1 proved the loan transaction apart from exhibiting Exs.A.1 to A.9. Thus the plaintiff bank clearly proved that the defendants are due an amount of Rs.2,70,914/- as such they are liable to repay the said amount to the plaintiff bank.

9.In the result, the suit is decreed with costs in favour of the Plaintiff

Bank directing the defendants no.1 to 12 jointly and severally to pay a sum of

Rs. 2,70,914/- (Rupees two lakhs seventy thousand nine hundred and fourteen only) with subsequent interest @ 10.5% per annum on the principal sum of

Rs.1,20,000/- from the date of filing of the suit till the date of decree and further interest @ 6% per annum from the date of decree till the date of realization.

Typed to my dictation, corrected, signed and pronounced by me in the open court, this the 2 nd day of May, 2017.

JUNIOR CIVIL JUDGE,

ALLAGADDA.

Appendix of Evidence

(Witnesses Examined)

For Plaintif:- For Defendants:-

P.W.1: M.ManjunathNone

Exhibits marked

For Plaintif:-

Ex.A.1: Application form submitted by the defendants 1 and 2 to the plaintiff bank, dated 11-12-2007;

Ex.A.2: Articles of agreement executed by the defendants 1 and 2 in favour of the plaintiff bank, dated 11-12-2007;

Ex.A.3: Inter-se agreement executed by the defendants in favour of the plaintiff bank, dated 11-12-2007;

Ex.A.4: Resolution passed by the defendants submitted the same to the plaintiff bank, dated 11-12-2007;

Ex.A.5: Letter of consent cum Guarantee and Hyphenation, dated 11-12-2007;

Ex.A.6 is revival letter executed by defendants 1 and 2 in favour of the plaintiff bank, dated 20-11-2010;

Ex.A.7: Revival letter executed by defendants 1 and 2 in favour of the plaintiff bank, dated 09-10-2013;

Ex.A.8: Office copy of the legal notice to the defendants, dated 19-10-2015;

Ex.A.9: Account extract maintained by the plaintiff bank, dated 23-05-2016.

For Defendants:- NIL

J.C.J., ALG.

IN THE COURT OF THE JUNIOR CIVIL JUDGE:: ALLAGADDA.

Present:- Ms.Manjulatha Araveti, M.Com.,B.L., Junior Civil Judge, Allagadda.

Dated Tuesday, the 2nd day of May, 2017.

ORIGINAL SUIT No.190/2016

Between:-

State Bank of India, Allagadda rep. by its Branch Manager.…. Plaintif

Versus

1. B.Suvarnamma, W/o. B.Veerannna, Aged about 53 years.

2. B.Bhagyamma, W/o. B.Obulesu, Aged about 50 years.

3. K.Suvarnamma, W/o. K.Esebu, Aged about 43 years.

4. D.Chennamma, W/o. D.Chinthalaiah, Aged about 40 years.

5. B.Kumari, W/o. Shankar, Aged about 43 years.

6. D.Viswasamma, W/o. Esanna, Aged about 44 years.

7. A.Ramakka, W/o. Thirupalu, Aged about 49 years.

8. D.Subbamma, W/o. Muni Swamy, Aged about 50 years.

9. B.Lakshmi Devi, W/o. Veerabhadrudu, Aged about 36 years.

10.D.Ramudu, W/o. Jayanna, Aged about 46 years.

11.D.Kumari, W/o. Prabhudasu, Aged about 43 years.

12.B.Suhasiny, W/o. Shekhar, Aged about 33 years.

All are Hindus, House wives, R/o. Nallagatla Village, Allagadda Mandal, Kurnool District. … Defendants

This is a suit filed by the plaintiff bank against the defendants no.1 to 10 for recovery of loan amount of Rs.2,70,914/- (Rupees two lakhs seventy thousand nine hundred and fourteen only) from the defendants no.1 to 12.

Plaint presented on 27-06-2016 and filed on 11-07-2016.

J.V of Rs.2,70,914/- and C.F of Rs.5,226/- is paid under Sec.20 of A.P.C.F & S.V. Act.

Cause of action for the suit arose at Allagadda Village and Mandal, which is within the jurisdiction of this Court.

This suit coming up before me for hearing on 24-04-2017 in the presence of Sri P.S.Mahaboob Basha and U.Prathap, Advocates for the Plaintiff and the Defendants having remained ex-parte and after the matter having stood over for consideration till today, this Court doth Order and passed the decree as follows:-

DECREE

1) that the suit be and the same is hereby decreed in favour of the plaintiff

Bank;

2) that the defendants 1 to 12 jointly and severally do pay to the plaintiff

Bank a sum of Rs.2,70,914/- (Rupees two lakhs seventy thousand nine hundred and fourteen only) with subsequent interest @ 10.5% per annum on the principal sum of Rs.1,20,000/- from the date of filing of the suit i.e., from 18-07-2016 till the date of decree and future interest @ 6% per annum from the date of decree till the date of realization; and

3) that the defendants 1 to 12 do also pay to the plaintiff Bank a sum of

Rs.11,989/- being costs of the suit;

Given under my hand and seal of the Court, this the 2 nd day of May, 2017.

JUNIOR CIVIL JUDGE,

ALLAGADDA.

MEMO OF COSTS

For PlaintiffFor Defendant Stamp on Vakalat 2-00 Stamp on Plaint 5226-00 Process500-00 Advocate's fee 4913-00 (not certified) Writing charges50-00 Typing Charges50-00 Publication Charges1248-00 ------------- Total11,989-00Nil -------------

J.C.J., ALG.

IN THE COURT OF THE JUNIOR CIVIL JUDGE:: ALLAGADDA.

Present :- Ms.Manjulatha Araveti,

Junior Civil Judge, Allagadda.

Dated Monday, the 1 st day of May, 2017

ORIGINAL SUIT No.323 of 2016

Between:

Bathula Pedda Jambulanna, S/o.Pedda Venkata Swamy, Aged 61 years, Hindu, Cultivation, R/o. Govindapalle Village, Sirvel Mandal,

Kurnool District.....Plaintiff

Versus

Bathula Subbarayudu, S/o. Chinna Gaddanna @ Gulli Santenna, Aged 70 years, Hindu, Cultivation, R/o. Govindapalle Village, Sirvel Mandal, Kurnool District. … Defendant ******

This Suit is coming before me on 28-09-2016 for final hearing in the presence of Sri P.Surya Narayana Reddy and B.Siva Prasada Rao, Advocates on behalf of plaintiff and the defendant having been called absent set ex-parte and upon hearing the counsel for the plaintiff, this Court delivered the following:

J U D G M E N T

1.This is a suit filed by the Plaintiff for the relief of specific performance directing the defendant to execute the registered sale deed in favour of the plaintiff in respect of the suit schedule property within the stipulated time fixed by the Hon’ble Court on duly stamped papers supplied by the plaintiff in the manner and form as required under law and in case the defendant fails to execute the said registered sale deed as directed above the Hon’ble Court may itself execute the sale deed for and on behalf of the defendant in respect of the suit schedule property at the cost of the plaintiff and to put the plaintiff in possession of the schedule site after evicting the defendant there from and for the costs of the suit.

2.The brief averments of the Plaint are as follows:

The defendant is the absolute owner, possessor and enjoyer of the Plaint

Schedule Property and the Plaintiff and the defendant entered into an written agreement for agreement of sale for total consideration of Rs.1,000/- regarding the suit schedule property on the sale agreement dated 08-06-1977 and the defendant received entire sale consideration from the plaintiff and the registered sale deed has to be executed either in favour of the plaintiff or his interested person with the expenses of the plaintiff and to deliver the plaint schedule property to the plaintiff. Thereafter the plaintiff demanded to execute a registered sale deed as per the terms and conditions incorporated in the agreement of sale dated 18-06-1977 but the defendant is postponing the execution of registered sale deed on some pretext or the other. But the defendant in spite of several demands did not come forward to execute regular registered sale deed.

The plaintiff further submitted that he came to know that the defendant is not willing to perform his part of contract, so the defendant breached the terms of the contract and trying to sell away the plaint schedule property to some other by escaping the liability to execute the registered sale deed. On that the Plaintiff also issued a legal notice dated 15-09-2016 and the defendant received the same and kept quite. Hence the

Plaintiff seeking the relief of specific performance of contract.

3.After registering the suit, this Court issued summons to the defendant and

Sri C.Shiva Rami Reddy filed vakalath on behalf of the defendant and the suit is coming for filing of written statement and on 10-03-2017 the written statement not filed though conditions imposed and the prescribed period is completed to file written statement.

Hence the defendant remained ex-parte.

4.Now the Points for consideration is :-

1. “Whether the plaintiff is entitled to get the relief as prayed for?”

2. “To what relief?”

5.To prove the Plaintiff version, the plaintiff himself examined as PW1 and filed his chief affidavit as that of the plaint averments and Exs.A1 to A4 got marked. On behalf of the defendant, no witness is examined and no documents are marked.

6.Heard. Perused the material on record.

7.Issue No.1:

After going through the evidence available in the record and keen perusal of the Plaint averments it is reliable that the Plaintiff and the defendant entered into an agreement pertaining to the property standing in the name of the defendant and also

Ex.A2 is also showing the interest of the Plaintiff to perform his part of contract. So he is well aware of transaction and he is perfectly trying to protect his right basing on the sale agreement and also shown his ready and willingness to perform his part of contract. The

Pleadings of the plaint are fully corroborated with the documents filed by the Plaintiff.

Hence this issue is answered in favour of the plaintiff and against the defendant.

8.Issue No.2:-

In the result, this Suit is decreed with costs in favour of the Plaintiff directing the defendant to execute the regular Registered sale deed in favour of the plaintiff with regard to the plaint schedule property within 90 days of pronouncement of this judgment and if the defendant refuses to do so the plaintiff has to got it registered thorugh the process of law.

Typed to my dictation, corrected and pronounced by me in the open Court on this the 1 st day of May, 2017

JUNIOR CIVIL JUDGE,

ALLAGADDA.

Appendix of Evidence

Witnesses examined

For Plaintiffs For Defendant

PW1 : Bathula Pedda Jambulanna None

Exhibits Marked

For Plaintiff

Ex.A1 is the original Agreement of sale executed by the defendant in favour of plaintiff,

dated 18-06-1977.

Ex.A2 is the office copy of Legal Notice issued to the defendant, dated 15-09-2016.

Ex.A3 is the Registered postal acknowledgment of the defendant.

Ex.A4 is the served copy of the reply notice by the defendant, dated 26-09-2016.

For Defendant: NIL

J.C.J., ALG.

IN THE COURT OF THE JUNIOR CIVIL JUDGE:: ALLAGADDA.

Present :- Ms.Manjulatha Araveti,

Junior Civil Judge, Allagadda.

Dated Monday, the 1 st day of May, 2017

ORIGINAL SUIT No.323 of 2016

Between:

Bathula Pedda Jambulanna, S/o.Pedda Venkata Swamy, Aged 61 years, Hindu, Cultivation, R/o. Govindapalle Village, Sirvel Mandal,

Kurnool District.....Plaintiff

Versus

Bathula Subbarayudu, S/o. Chinna Gaddanna @ Gulli Santenna, Aged 70 years, Hindu, Cultivation, R/o. Govindapalle Village, Sirvel Mandal, Kurnool District. … Defendant

This is a suit filed by the Plaintiff for the relief of specific performance directing the defendant to execute the registered sale deed in favour of the plaintiff in respect of the suit schedule property within the stipulated time fixed by the Hon’ble Court on duly stamped papers supplied by the plaintiff in the manner and form as required under law and in case the defendant fails to execute the said registered sale deed as directed above the Hon’ble Court may itself execute the sale deed for and on behalf of the defendant in respect of the suit schedule property at the cost of the plaintiff and to put the plaintiff in possession of the schedule site after evicting the defendant there from and for the costs of the suit.

Plaint presented on 13-10-2016, and Numbered on 28-10-2016.

J.V. of Rs.1,000/- and C.F. of Rs.111/- is paid u/s.39 of A.P.C.F. & S.V.Act, 1956.

The cause of action for the Suit arose at Govindapalle village, Sirvel Mandal on 01- 10-2016 when the defendant threatened that he will create documents with regard to the schedule property to defeat the interest of plaintiff and on the dae when the plaintiff demanded the defendant to discharge his burden on the contract and the defendant has refused to do so, which is within the jurisdiction of this Court.

This Suit is coming before me on 28-09-2016 for final hearing in the presence of Sri P.Surya Narayana Reddy and B.Siva Prasada Rao, Advocates on behalf of plaintiff and the defendant having been called absent set ex-parte, and this Court doth order and decree as follows:

DECREE

(1)That the Suit be and the same is hereby decreed in favour of the plaintiff and against the defendant directing the defendant to execute the regular Registered sale deed in favour of the plaintiff with regard to the plaint schedule property within 90 days of pronouncement of this judgment and; (2)That if the defendant refuses to do so the plaintiff has to got it registered thorugh the process of law; (3)That the defendant do also pay a sum of Rs.2,273/- towards the costs of the Suit to the plaintiff.

Given under my hand and seal of this Court, this the 1st day of May, 2017.

JUNIOR CIVIL JUDGE,

ALLAGADDA.

MEMO OF COSTS

For PlaintiffFor Defendant

Stamp on Vakalat 2-00-- Stamp on Plaint111-00-- Process60-00-- Advocate's fee2000-00-- Writing charges50-00-- Typing Charges50-00-- (Not certified)

--------------------------

Total2273-00 NIL

------------- -------------

J.C.J., ALG.

SCHEDULE

Landed property situated in Chennuru Village of Sirvel Mandal, of Sirvel Sub Registration District, Kurnool Registration District.

Survey No.336/1 Extent: Ac.0-17 cents, in which “Well” is there

Boundaries :-

East: Land belongs to you West: My client’s land North: Land of Panjugala Bali Reddy South: Private Rastha with the width of 17 links

J.C.J., ALG.

IN THE COURT OF THE JUNIOR CIVIL JUDGE:: ALLAGADDA.

Present:- Ms.Manjulatha Araveti, M.Com.,B.L., Junior Civil Judge, Allagadda.

Dated Thursday, the 4th day of May, 2017.

ORIGINAL SUIT No.31/2017

Between:-

Singamsetty Ramesh, S/o. Sree Ramulu, Aged 35 years, Hindu, Business, R/o. H.No.8-12-35, Vidya Nagar, Allagadda Village & Mandal, Kadapa District.… Plaintif

And

Vadlamudi Vijaya Baskar, S/o. Sundara Rao, Aged about 40 years, Hindu, Employee (Police Constable 1822), R/o. S/6-5, 6th APSP Camp, Mangalagiri Village & Mandal,

Guntur District....Defendant

This suit is coming before me on 27-04-2017 for final hearing in the presence of Sri. G.Aswartha Reddy, N.K.Venu Gopal and S.V.Konda Reddy,

Advocates on behalf of the Plaintiff and the Defendant having been called absent and set ex-parte and upon filing the affidavit of the plaintiff, this

Court delivered the following:

J U D G M E N T

This a suit filed for recovery of an amount of Rs.1,80,675/- (Rupees one lakh eighty thousand six hundred and seventy five only) from the defendant basing on promissory note.

The brief averments of the plaint are as follows:

On 24-12-2015 the defendant borrowed an amount of Rs.1,50,000/- (Rupees one lakh fifty thousand only) from the plaintiff and in consideration he executed a demand promissory note in favour of the plaintiff agreeing to repay the said amount with interest thereon at 18% per annum. The plaintiff made several demands to the defendant and also issued legal notice, dated 14-09-2016 to repay the loan amount, but the defendant did not repay the same. Hence, the suit.

This Court issued summons to the defendant and the same was served personally and on 31-03-2017 the defendant called absent, no representation and serving of summons held sufficient. Hence, the defendant remained ex-parte.

Now the point for consideration is “whether the plaintiff is entitled for decree of the suit as prayed for?”

In support of the plaintiff, on 27-04-2017 the plaintiff himself examined as PW-1 and Exs.A1 to A3 got marked. Ex.A1 is the suit promissory note executed by the defendant for Rs.1,50,000/- in favour of the plaintiff, dated 24-12-2015. Ex.A2 is the office copy of legal notice issued to the defendant,

dated 14-09-2016. Ex.A3 is the served postal acknowledgment. The plaintiff

to prove his case filed Exs.A1 to A3 that the defendant borrowed a sum of

Rs.1,50,000/- and his claim was unchallenged by the defendant by approaching the Court. Hence the plaintiff proved his case by supporting documents of Exs.A1 to A3.

In the result, the suit is decreed with costs in favour of the plaintiff directing the defendant to pay a sum of Rs.1,80,675/- with subsequent interest @ 18% per annum on the principal sum of Rs.1,50,000/- from the date of filing of suit till the date of decree and further interest @ 6% per annum from the date of decree till the date of realization.

Typed to my dictation, corrected, signed and pronounced by me in the open Court on this, the 4 th day of May, 2017.

Junior Civil Judge,

Allagadda.

For Plaintif Appendix of Evidence For Defendant

Witnesses examined

PW1: Singamsetty Ramesh None

Exhibits Marked

For Plaintif

Ex.A1 is the suit promissory note executed by the defendant for Rs.1,50,000/- in favour of the plaintiff, dated 24-12-2015.

Ex.A2 is the office copy of legal notice issued to the defendant, dated 14-09-2016.

Ex.A3 is the served postal acknowledgment.

For Defendant : NIL

J.C.J., ALG.

IN THE COURT OF THE JUNIOR CIVIL JUDGE:: ALLAGADDA.

Present:- Ms.Manjulatha Araveti, M.Com.,B.L., Junior Civil Judge,Allagadda.

Dated Thursday, the 4th day of May, 2017.

ORIGINAL SUIT No.31/2017

Between:-

Singamsetty Ramesh, S/o. Sree Ramulu, Aged 35 years, Hindu, Business, R/o. H.No.8-12-35, Vidya Nagar, Allagadda Village & Mandal, Kadapa District.… Plaintif

And

Vadlamudi Vijaya Baskar, S/o. Sundara Rao, Aged about 40 years, Hindu, Employee (Police Constable 1822), R/o. S/6-5, 6th APSP Camp, Mangalagiri Village & Mandal,

Guntur District....Defendant

This is a suit filed for recovery of an amount of Rs.1,80,675/- being the

principal and interest due on a promissory note dated 24-12-2015 executed

by the defendant in favour of the plaintiff for Rs.1,50,000/- agreeing to repay the same with interest at 18% per annum. In spite of repeated demands and issuance of legal notice, dated 14-09-2016 the defendant did not pay any amount till today. Hence, the suit.

Plaint presented on 14-02-2017 and Numbered on 16-02-2017.

J.V. of Rs.1,80,675/- and C.F. of Rs.4,326/- is paid u/s.20 of A.P.C.F. &

S.V.Act, 1956.

The cause of action for the suit arose on 24-12-2015 at Allagadda

Village and Mandal, when the defendant executed the suit pronote in favour of the plaintiff, which is within the jurisdiction of this Court.

This suit is coming before me on 27-04-2017 for final hearing in the presence of Sri. G.Aswartha Reddy, N.K.Venu Gopal and S.V.Konda Reddy,

Advocates on behalf of the Plaintiff and the Defendant having been called absent and set ex-parte, and this Court doth order and decree as follows:-

DECREE

(a)that the suit be and the same is hereby decreed in favour of the plaintiff;

(b)that the defendant do pay a sum of Rs.1,80,675/- with subsequent interest @ 18% per annum on the principal sum of Rs.1,50,000/- from the date of filing of suit i.e., on 16-02-2017 till the date of decree and further interest @ 6% per annum from the date of decree till the date of realization; and ( c ) that the defendant do also pay a sum of Rs.8,048/- towards the costs of the suit to the plaintiff.

Given under my hand and seal of this Court, this the 4th day of May, 2017.

JUNIOR CIVIL JUDGE,

ALLAGADDA.

MEMO OF COSTS

For PlaintiffFor Defendant

Stamp on Vakalat 2-00 Stamp on Plaint4326-00 Process60-00 Advocate's fee3560-00 (not certified) Writing charges50-00 Typing Charges50-00 ------------- Total8048-00Nil -------------

J.C.J., ALG.

IN THE COURT OF THE JUNIOR CIVIL JUDGE:: ALLAGADDA.

Present:- Ms.Manjulatha Araveti, M.Com.,B.L., Junior Civil Judge, Allagadda.

Dated Thursday, the 4th day of May, 2017.

ORIGINAL SUIT No.31/2017

Between:-

Singamsetty Ramesh, S/o. Sree Ramulu, Aged 35 years, Hindu, Business, R/o. H.No.8-12-35, Vidya Nagar, Allagadda Village & Mandal, Kadapa District.… Plaintif

And

Vadlamudi Vijaya Baskar, S/o. Sundara Rao, Aged about 40 years, Hindu, Employee (Police Constable 1822), R/o. S/6-5, 6th APSP Camp, Mangalagiri Village & Mandal,

Guntur District....Defendant

This suit is coming before me on 27-04-2017 for final hearing in the presence of Sri. G.Aswartha Reddy, N.K.Venu Gopal and S.V.Konda Reddy,

Advocates on behalf of the Plaintiff and the Defendant having been called absent and set ex-parte and upon filing the affidavit of the plaintiff, this

Court delivered the following:

J U D G M E N T

This a suit filed for recovery of an amount of Rs.1,80,675/- (Rupees one lakh eighty thousand six hundred and seventy five only) from the defendant basing on promissory note.

The brief averments of the plaint are as follows:

On 24-12-2015 the defendant borrowed an amount of Rs.1,50,000/- (Rupees one lakh fifty thousand only) from the plaintiff and in consideration he executed a demand promissory note in favour of the plaintiff agreeing to repay the said amount with interest thereon at 18% per annum. The plaintiff made several demands to the defendant and also issued legal notice, dated 14-09-2016 to repay the loan amount, but the defendant did not repay the same. Hence, the suit.

This Court issued summons to the defendant and the same was served personally and on 31-03-2017 the defendant called absent, no representation and serving of summons held sufficient. Hence, the defendant remained ex-parte.

Now the point for consideration is “whether the plaintiff is entitled for decree of the suit as prayed for?”

In support of the plaintiff, on 27-04-2017 the plaintiff himself examined as PW-1 and Exs.A1 to A3 got marked. Ex.A1 is the suit promissory note executed by the defendant for Rs.1,50,000/- in favour of the plaintiff, dated 24-12-2015. Ex.A2 is the office copy of legal notice issued to the defendant,

dated 14-09-2016. Ex.A3 is the served postal acknowledgment. The plaintiff

to prove his case filed Exs.A1 to A3 that the defendant borrowed a sum of

Rs.1,50,000/- and his claim was unchallenged by the defendant by approaching the Court. Hence the plaintiff proved his case by supporting documents of Exs.A1 to A3.

In the result, the suit is decreed with costs in favour of the plaintiff directing the defendant to pay a sum of Rs.1,80,675/- with subsequent interest @ 18% per annum on the principal sum of Rs.1,50,000/- from the date of filing of suit till the date of decree and further interest @ 6% per annum from the date of decree till the date of realization.

Typed to my dictation, corrected, signed and pronounced by me in the open Court on this, the 4 th day of May, 2017.

Junior Civil Judge,

Allagadda.

For Plaintif Appendix of Evidence For Defendant

Witnesses examined

PW1: Singamsetty Ramesh None

Exhibits Marked

For Plaintif

Ex.A1 is the suit promissory note executed by the defendant for Rs.1,50,000/- in favour of the plaintiff, dated 24-12-2015.

Ex.A2 is the office copy of legal notice issued to the defendant, dated 14-09-2016.

Ex.A3 is the served postal acknowledgment.

For Defendant : NIL

J.C.J., ALG.

IN THE COURT OF THE JUNIOR CIVIL JUDGE:: ALLAGADDA.

Present:- Ms.Manjulatha Araveti, M.Com.,B.L., Junior Civil Judge,Allagadda.

Dated Thursday, the 4th day of May, 2017.

ORIGINAL SUIT No.31/2017

Between:-

Singamsetty Ramesh, S/o. Sree Ramulu, Aged 35 years, Hindu, Business, R/o. H.No.8-12-35, Vidya Nagar, Allagadda Village & Mandal, Kadapa District.… Plaintif

And

Vadlamudi Vijaya Baskar, S/o. Sundara Rao, Aged about 40 years, Hindu, Employee (Police Constable 1822), R/o. S/6-5, 6th APSP Camp, Mangalagiri Village & Mandal,

Guntur District....Defendant

This is a suit filed for recovery of an amount of Rs.1,80,675/- being the

principal and interest due on a promissory note dated 24-12-2015 executed

by the defendant in favour of the plaintiff for Rs.1,50,000/- agreeing to repay the same with interest at 18% per annum. In spite of repeated demands and issuance of legal notice, dated 14-09-2016 the defendant did not pay any amount till today. Hence, the suit.

Plaint presented on 14-02-2017 and Numbered on 16-02-2017.

J.V. of Rs.1,80,675/- and C.F. of Rs.4,326/- is paid u/s.20 of A.P.C.F. &

S.V.Act, 1956.

The cause of action for the suit arose on 24-12-2015 at Allagadda

Village and Mandal, when the defendant executed the suit pronote in favour of the plaintiff, which is within the jurisdiction of this Court.

This suit is coming before me on 27-04-2017 for final hearing in the presence of Sri. G.Aswartha Reddy, N.K.Venu Gopal and S.V.Konda Reddy,

Advocates on behalf of the Plaintiff and the Defendant having been called absent and set ex-parte, and this Court doth order and decree as follows:-

DECREE

(a)that the suit be and the same is hereby decreed in favour of the plaintiff;

(b)that the defendant do pay a sum of Rs.1,80,675/- with subsequent interest @ 18% per annum on the principal sum of Rs.1,50,000/- from the date of filing of suit i.e., on 16-02-2017 till the date of decree and further interest @ 6% per annum from the date of decree till the date of realization; and ( c ) that the defendant do also pay a sum of Rs.8,048/- towards the costs of the suit to the plaintiff.

Given under my hand and seal of this Court, this the 4th day of May, 2017.

JUNIOR CIVIL JUDGE,

ALLAGADDA.

MEMO OF COSTS

For PlaintiffFor Defendant

Stamp on Vakalat 2-00 Stamp on Plaint4326-00 Process60-00 Advocate's fee3560-00 (not certified) Writing charges50-00 Typing Charges50-00 ------------- Total8048-00Nil -------------

J.C.J., ALG.