Smt. B. Aparna Devi

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE : KHAMMAM

Present: Smt. B.Aparna Devi, Prl. Junior Civil Judge, Khammam.

Dated this the 21st day of August, 2018

O.S.No. 117 of 2018.

Between :

Deevela Venkata Rama Rao, S/o. Narsimha Rao, Aged.45 years, Occ. Business, R/o. H.no.15-8-889, Varadaiah Nagar, Khammam.

...Plaintiff

And

Meda Chiranjeevi, S/o. Late Koteswar Rao, Age.60 years, Occ.Retd.Employee, R/o. Piduguralla Village and Mandal, Guntur District.

...Defendant

This suit is coming up before me on 23-07-2018 for hearing in the presence of Sri. Yadlapalli Ramesh , Advocate for plaintiff and Defendants are remained ex-parte; upon perusing the material papers on record, upon hearing; this Court passed the following :

J U D G M E N T

1.This is a suit filed for recovery of money of Rs. 1,25,000/- based on promissory note executed by the Defendant in favour of the Plaintiff. .

2.The brief averments made in the plaint are as follows:

The Plaintiff and Defendant are well acquainted with each other, out of such acquaintance the defendant borrowed an amount of Rs.1,00,000/- on 05-02-2017 from the

Plaintiff to meet his family necessities and executed promissory note in favour of plaintiff, with a promise to repay the same with interest @ 24% p.a either to the plaintiff or to his order on demand. Thereafter, the plaintiff made several demands for repayment of the said amount with accrued interest calling the Defendant to clear-off the debt amount, the

Defendant failed to repay the due amount. Hence, the Plaintiff is constrained to file this suit.

3.Publication was issued against the Defendant, the Defendant failed to appear before the court. Hence, he was made ex-parte.

4.To substantiate the claim of plaintiff, the plaintiff got examined himself as PW.1 and got marked Exs. A1 as defendant is set ex-parte and as there is no representation on his behalf cross of PW1 is closed as treated as nil. Plaintiff reported no further evidence on his behalf. Hence, Plaintiff evidence is closed.

5.Heard the learned Counsel for plaintiff and perused the entire record.

6.Now the points for determination are:

Whether the plaintiff is entitled to recover the suit amount as prayed for?

//2//

7. POINT :

(a).The Plaintiff who is examined as P.W.1, reiterated the contents of his plaint.

(b) On perusal of Ex.A1, it shows that the defendant having borrowed a sum of

Rs. 1,00,000/- from the plaintiff, executed the promissory note in favour of plaintiff agreeing to repay the same with an interest and when the Defendant failed to repay the debt amount.

(c)In the circumstances of this case, when there is no rebuttal evidence on record, apart from the evidence of P.W.1 this court finds no reason to disbelieve the evidence of P.W.1.

Moreso, when the Defendant choosed to remain ex-parte. This court believes in the oral evidence of P.W.1 coupled with documentary evidence Ex A.1. This suit is filed within the limitation period.

With the above observation, this court is of opinion that the Plaintiff has proved his claim successfully and is entitled to recover the suit amount from the Defendant along with interest and cost. This point is answered in favour of Plaintiff.

IN THE RESULT, suit is decreed with costs for a sum of Rs.1,25,000/ (Rs. One Lakh twenty five thousand only ) with interest @ 24% per annum from the date of filing of the suit till the date of decree and thereafter @ 6% per annum till the date of realization on principal amount of Rs.1,00,000/-.

Typed to my dictation, corrected and pronounced by me in the open court, on this the 21st August, 2018.

PRL. JUNIOR CIVIL JUDGE,

KHAMMAM.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For PlaintiffFor Defendant PW.1: D.Venkata Rama Rao -None-

EXHIBITS MARKED

For Plaintiff

Ex.A1 Original promissory note, dated: 05.02.2017

For Defendant -Nil-

PRL. JUNIOR CIVIL JUDGE,

KHAMMAM.

I

TSKH030008892017

Presented on : 10-03-2017 Registered on : 31-03-2017 Decided on : 21-08-2018 Duration : 1 years, 5 months, 11 days

IN THE COURT OF

Principal Junior Civil Judge -cum- Judicial Magistrate of First Class,

Khammam AT KHAMMAM URBAN ,KHAMMAM Presided Over by SMT. DEEPA KASARAGADDA

OS/100132/2017

Exhibit No.:

: Bandla Chalamaiah Age: 75 Occupation : Address: Agriculture, R/o. Prodduturu Village, Chintakani Mandal, Khammam District

VERSUS : Kurapati Lakshmi and one other Age: 36 Occupation : Address: Both are R/o. Flat No.202, K.R. Residency, Burhanpuram, Khammam ----------------------------------------------------------------------------------------- Advocate for : K.Maheswar Prabhu Advocate for : appearing for Kurapati Lakshmi and one other: Advocate appearing for respectively.

Claim

JUDGMENT

(Delivered on 21-08-2018 )

ORDER

IA 1297/17 allowed to advance this suit from 24.10.2018 to 21.08.2018.

Plaintiff counsel filed not pressed memo submitting that they settled the matter out of the court and pray to permit him to not press this suit against the defendant . Hence, record the same. Hence, in view of compromise this suit is dismissed against the defendant as not pressed in the interest of justice.

Date : 21-08-2018 (SMT. DEEPA KASARAGADDA)

Principal Junior Civil Judge -cum-

Judicial Magistrate of First Class, Khammam

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TSKH030019922018

Presented on : 11-07-2018 Registered on : 11-07-2018 Decided on : 23-08-2018 Duration : 0 years, 1 months, 12 days

IN THE COURT OF

Principal Junior Civil Judge -cum- Judicial Magistrate of First Class,

Khammam AT KHAMMAM URBAN ,KHAMMAM Presided Over by SMT. DEEPA KASARAGADDA

OS/100431/2018

Chigurupati Narasamma Age: 64 Occupation : Address: R/o. Mujjugudem village, Nelakondapalli Mandal, Khammam District.

VERSUS : Regalla Uma Age: 32 Occupation : Address: Agriculture, R/o. Mujjugudem village , Nelakondapalli Mandal, Khammam District ----------------------------------------------------------------------------------------- Advocate for : P.Laxminarasimha Rao Advocate for : appearing for Regalla Uma: Advocate appearing for respectively.

Claim

JUDGMENT

(Delivered on 23-08-2018 )

ORDER

Plaintiff counsel filed full satisfaction memo submitting that, he has received Rs.70,000/- full and final settlement, Hence, pray to Honourable Court to withdraw this suit against Defendant. Hence, record the same. Hence, this suit is dismissed as withdrawn against the defendant in view of full and final settlement, in the interest of justice.

Date : 23-08-2018 (SMT. DEEPA KASARAGADDA)

Principal Junior Civil Judge -cum-

Judicial Magistrate of First Class, Khammam.

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Presented on : Registered on : Decided on : Duration :

IN THE COURT OF

Principal Junior Civil Judge -cum- Judicial Magistrate of First Class,

Khammam AT KHAMMAM URBAN ,KHAMMAM Presided Over by SMT. DEEPA KASARAGADDA

Claim :

JUDGMENT

ORDER

This Execution Petition is Closed.

(SMT. DEEPA KASARAGADDA)

Principal Junior Civil Judge -cum- Judicial

Magistrate of First Class, Khammam

KHAMMAM URBAN ,KHAMMAM

Dictated on :

Transcribed on : checked on : Signed on :

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Presented on : Registered on : Decided on : Duration :

IN THE COURT OF

Principal Junior Civil Judge -cum- Judicial Magistrate of First Class,

Khammam AT KHAMMAM URBAN ,KHAMMAM Presided Over by SMT. DEEPA KASARAGADDA

Claim :

JUDGMENT

ORDER

This Execution Petition is Closed.

(SMT. DEEPA KASARAGADDA)

Principal Junior Civil Judge -cum- Judicial

Magistrate of First Class, Khammam

KHAMMAM URBAN ,KHAMMAM

Dictated on :

Transcribed on : checked on : Signed on :

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