Sri. Ajay Ullam

IN THE COURT OF THE II ADDITIONAL JUNIOR CIVIL JUDGE,

MANCHERIAL

Present:

Sri AJAY ULLAM,

Principal Junior Civil Judge, Mancherial

FAC: II Addl.Junior Civil Judge, Mancherial

TUESDAY THE 19 TH DAY OF SEPTEMBER 2023

E.P.No. 159 of 2019

IN

OS No. 45 of 2015

Between:

Kodali @ Kedali Srinivasa Rao S/o Ramchander Rao, 44 years, Businessman, R/o H.No.53-123/2, 1st zone, Mandamarri, District Mancherial … DECREE HOLDER AND

Challuri Rajesham S/o Lingaiah, 39 years, Businessman, R/o H.No.3-89, Sarangapally, R/M Mandamarri, District Mancherial … JUDGMENT DEBTOR

This petition is coming before me for final hearing on31.08.2023 in the presence of Sri G. Muralidhar, Advocate for Decree Holder and Sri P. Narayan, Advocate for JDR and upon hearing the Advocates on record, on perusal of the material available on record and having stood over for consideration till this day, this Court delivered the following:-

O R D E R

1) This execution petition is filed under Order 21, Rule 54 read with 82 of

Civil Procedure Code against the Judgment debtor, praying for attachment of suit schedule property belong to JDR, to sell the same for realization of the E.P.

amount.

E.P.No. 159 of 2019

On the file of the Page 2 of 4 II Addl.Junior Civil Judge, Mancherial

2) The facts reveal that the Decree holder in the present execution petition has filed this petition contending that an judgment is passed in its favour on 03.02.2016 by the Prl.Junior Civil Judge’s Court, Mancherial contending that the suit of the plaintiff is decreed with subsequent interest and costs. Even after the judgment was passed the Judgment debtor has not paid that amount. The

Judgment Debtor has got sufficient means and capacity to discharge the E.P.

debt, but are evading from paying said amount. Hence, the Decree Holder is constrained to file this execution petition for attachment of the schedule mentioned property of Judgment Debtor for realization of decretal amount of

Rs.2,53,171/-.

3) The JDR filed counter denying the averments of petition and contending that he paid the amount of Rs.2,00,000/- to the decree holder on 31.07.2016 in the presence of witnesses and promised to pay remaining amount in the last week of

December 2017 and the decree holder agreed to issue receipt for the received amount only after payment of total amount. He requested the decree holder to issue receipt for the amount received by him to enable him to get the amount from his relations but no receipt was issued. Before filing this petition, he paid due an amount of Rs.30,000/- on 06.03.2018 to the decree holder but he did not issue receipt to him. He undertakes to pay the correct EP amount after

E.P.No. 159 of 2019

On the file of the Page 3 of 4 II Addl.Junior Civil Judge, Mancherial calculation of interest amount and deduction of paid amount by him on or before 30.10.2022 without fail. Hence, prayed to dismiss the petition with costs.

4) During the course of enquiry, no oral or documentary evidence is adduced by either of the parties.

5) Heard both sides.

6) Now the point for consideration is:

Whether the Decree Holder is entitled for attachment of schedule mentioned immovable properties of JDR and to sell the same in public auction for realization of E.P. amount?

POINT:

7) The judgment was passed by the Prl.Junior Civil Judge’s Court,

Mancherial against the JDR for a total suit amount. The present E.P. is filed against the JDR for attachment of his suit schedule property shown in E.P.

schedule for realization of E.P. amount of Rs.2,53,171/-. The JDR has not produced any evidence to show that he has challenged the judgment passed by the Prl.Junior Civil Judge’s Court, Mancherial. Therefore, it has to be held that the Prl.Junior Civil Judge’s Court, Mancherial has passed the judgment by considering the material placed before him and also by following due procedure.

Hence, the judgment passed by the Prl.Junior Civil Judge’s Court, Mancherial has got legal sanctity under recovery of suit and it is executable. Therefore, the

E.P.No. 159 of 2019

On the file of the Page 4 of 4 II Addl.Junior Civil Judge, Mancherial objections raised by JDR in his counter are not tenable and hence, the same cannot be considered. Further, it is also not the case of JDR that he has paid the suit amount. Therefore, this Court is satisfied with the contention of DHR that the JDR has neglected to pay the decretal amount even after the judgment was passed. Hence, the DHR is entitled for attachment of schedule mentioned property of JDR for realization of E.P. amount. Point is answered accordingly.

8) IN THE RESULT, attach the petition schedule property of JDR on payment of process by 18.10.2023.

Typed by the stenographer to my dictation and after correction

pronounced by me in open court, on this the 19th day of September 2023.

FAC: II ADDL.JUNIOR CIVIL JUDGE

IN THE COURT OF THE II ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS

AT MANCHERIAL

II Additiional Junior Civil Judge-cum- II Additional Judicial Magistrate of First Class Mancherial

The Accused is present. He is examined u/s 251 of CrPC for the offence u/s 185(a) of MV

Act. The accused has admitted the substance of prosecution case and pleaded guilty. I found the admission of guilt by the accused to be voluntarily. Hence, accused is found guilty u/s 252 of CrPC for the offence u/s 185(a) of MV Act.

The accused is heard on the quantum of sentence. The accused submitted that it is the first instance of committing this offence and prayed to take lenient view, whereas the learned APP prayed for maximum sentence. However, in view of the submissions made across the bench and keeping in view that this is the first offence by the accused, sentencing of accused with imprisonment is not warranted. Therefore, imposing of fine would be sufficient to meet the ends of justice.

In the result, the accused is found guilty and convicted u/s 252 of CrPC for the offence u/s 185(a) of MV Act and sentenced to pay fine of Rs.2000/-. In default of payment of fine, the accused shall be sentenced to undergo simple imprisonment for a period of 7 days.

Sd/-

II Additiional Junior Civil Judge-cum- II Additional Judicial Magistrate of First Class Mancherial

IN THE COURT OF THE II ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS

AT MANCHERIAL

II Additiional Junior Civil Judge-cum- II Additional Judicial Magistrate of First Class Mancherial

The Accused is present. He is examined u/s 251 of CrPC for the offence u/s 185(a) of MV

Act. The accused has admitted the substance of prosecution case and pleaded guilty. I found the admission of guilt by the accused to be voluntarily. Hence, accused is found guilty u/s 252 of CrPC for the offence u/s 185(a) of MV Act.

The accused is heard on the quantum of sentence. The accused submitted that it is the first instance of committing this offence and prayed to take lenient view, whereas the learned APP prayed for maximum sentence. However, in view of the submissions made across the bench and keeping in view that this is the first offence by the accused, sentencing of accused with imprisonment is not warranted. Therefore, imposing of fine would be sufficient to meet the ends of justice.

In the result, the accused is found guilty and convicted u/s 252 of CrPC for the offence u/s 185(a) of MV Act and sentenced to pay fine of Rs.2000/-. In default of payment of fine, the accused shall be sentenced to undergo simple imprisonment for a period of 7 days.

Sd/-

II Additiional Junior Civil Judge-cum- II Additional Judicial Magistrate of First Class Mancherial

Back Daily Status

In the Court of :Prl. Junior Civil Judge

Case No. :OS/0000133/2023 Samalla Sumalatha Vs Maddela Ammai

Date : 05-09-2023

Business: Judgment pronounced in the open court vide separate one. In the Result, the suit is decreed by way of passing preliminary decree declaring that the suit schedule properties be divided into four equal shares and the plaintiffs 1 and 2 and the defendants are entitled to one such share. The parties are at liberty to file final decree petition seeking division of the suit scheduled properties by metes and bounds and for delivery of their respective shares. In the circumstances and taking into consideration the relationship between the parties, each party shall bear its own costs. The IA no.464 of 2023, which is remainded undisposed, is also disposed off in the limes of main suit. Nature of Disposal: EXPARTE DECREE Disposal Date: 05-09-2023 Prl. Junior Civil Judge

Case Historyhttp://172.21.30.68/swecourtis/kiosk/cases/case_no.ph...

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In the Court of :II Addl. Junior Civil Judge

Case No. :OS/0000162/2023 Vangapelli Prasad Rao Vs Ragula Ramesh

Date : 31-07-2023

Business: The order pronounced vide separate one in the open Court. IN THE RESULT, suit is decreed with costs. The defendant is directed to pay a sum of Rs.10,05,000/- (Rupees Ten lakhs Five thousand only) together with future interest @ 2 per month from the date of suit till the date of decree and thereafter @ 6 per annum from the date of decree till realisation on the

principal amount of Rs.7,50,000/- (Rupees Seven lakhs Fifty thousand only) to

the plaintiff. Nature of Disposal: EXPARTE DECREE Disposal Date: 31-07-2023 II Addl. Junior Civil Judge 1 of 122/05/24, 3:30 pm