Sri.K.Madhu Swamy

1 Draft judgment in O.S.29/22 dt.18.11.22

IN THE COURT OF THE I ADDL. JUNIOR CIVIL JUDGE CUM I ADDL.

JUDICIAL FIRST CLASS MAGISTRATE, KAKINADA

PRESENT:- Sri K.Madhu Swamy 1st Addl. Junior Civil Judge cum 1st Addl. Judicial First Class Magistrate

Friday, this the 18th day of November 2022

O.S.29 /2022

Between: Varada Srinivasa Rao..Plaintif

And

Yalangi Satyaprasad..Defendant

This suit is coming before me on 17.11.2022 for final hearing in the presence of Smt. L.Padmavathi, advocate for plaintif and defendant remained ex parte, and having been heard and stood over for consideration till this day this court deliver the following:

J U D G M E N T

This is a suit for recovery of an amount of Rs.8,59,000/- with subsequent interest and costs, basing on a promissory note.

2.The case of the plaintif is that the defendant borrowed an amount of Rs.5,00,000/- from the plaintif on 10.01.2019 for the purpose of his family expenses and to discharge sundry debts and agreeing to repay the said amount together with interest at the rate of 24% per annum to the plaintif or his order on demand and defendant executed a demand promissory note in favour of the plaintif. In spite of repeated demands made by the plaintif the defendant did not pay any amount. Therefore the plaintif got issued legal notice dt.06.12.2021, which was received by defendant but did not issue any reply so far. The plaintif filed a complaint

before Spl. Mobile JFCM Court, Kakinada. Hence the suit.

3. After receiving the summons defendants not came to the court and not filed written statement. On 30.08.2022 defendant set ex parte.

4.To prove the case of the plaintif himself examined as P.W.1 and Ex.A1 & Ex.A2 are marked.

5.Heard.

2 Draft judgment in O.S.29/22 dt.18.11.22

6.Now the point which stood up for consideration is whether the plaintif is entitled for decree as prayed for?

7.Point:

P.W.1 contended in plaint and chief affidavit that the defendant borrowed an amount of Rs.5,00,000/- from the plaintif on 10.01.2019 for the purpose of his family expenses and to discharge sundry debts and agreeing to repay the said amount together with interest at the rate of 24% per annum to the plaintif or his order on demand and defendant executed a demand promissory note in favour of the plaintif. In spite of repeated demands made by the plaintif the defendant did not pay any amount. Therefore the plaintif got issued legal notice dt.06.12.2021, which was received by defendant but did not issue any reply so far.

8.To support the contention of the plaintif/P.W.1 he relied upon

Ex.A1 and Ex.A2. Ex.A1 promissory note for Rs.5,00,000/- on 10.01.2019 executed by the defendant in favour of plaintif. Ex.A2 office copy of legal notice. As per Ex.A1 plaintif /P.W.1 contended that the defendant has borrowed Rs.5,00,000/- from him under promissory note and agreed to pay the interest of 24% per annum.

After several demands the defendant did not pay any amount. The defendant received Ex.A2 legal notice. To rebut the contention of the plaintif defendant was set ex parte on 30.08.2022.

Unchallenged contention of the plaintif coupled with Ex.A1 & Ex.A2 which clearly goes to shows defendant has borrowed Rs.5,00,000/- from the plaintif under promissory note. On considering the evidence of P.W.1 coupled with Ex.A1 & Ex.A2 which shows that defendant has borrowed the said amount from the plaintif and liable to pay the same. Accordingly the point is answered.

9.In the result, the suit is decreed with costs for Rs.8,59,000/- (rupees Eight Lakhs Fifty Nine Thousand only) against the defendant. Plaintif is entitled to interest at the rate of 6% per 3 Draft judgment in O.S.29/22 dt.18.11.22 annum from the date of suit till realization on the principal sum of

Rs.5,00,000/- (rupees Five Lakhs only).

Typed to my dictation on computer, by my Personal Assistant, Corrected and pronounced by me in the Open court, this the 18th day of November 2022.

Sd/- K.Madhu Swamy

I ADDL. JUNIOR CIVIL JUDGE CUM

I ADDL. JUDICIAL FIRST CLASS MAGISTRATE

KAKINADA

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFF;FOR DEFENDANT: P.W.1: Varada Srinivasa RaoNIL

DOCUMENTS MARKED

For Plaintiff: Ex.A1/11.01.2019: Promissory note for Rs.5,00,000/- executed by the defendant in favour of plaintif.

Ex.A2/06.12.2021: Office copy of legal notice.

For Defendant:NIL

Sd/- K.Madhu Swamy

I A.J.C.J.

In the Court of :Principal Junior Civil Judge,Kakinada

Case No. :OS/0000888/2022 Bonagiri Satyananda Trinadh Vs Pasumarthy Krishna Sai Prasad

Date : 14-11-2022

Business: Counsel of the plaintiff filed full satisfaction memo stating this matter is adjourned out of court. The defendant paid entire amount to her F.S. recorded. hence suit is dismissed. F.S. recorded. Nature of : DISMISSED Disposal Disposal Date: 14-11-2022

Sd/- k.madhu swamy

Principal Junior Civil Judge,Kakinada

In the Court of :Principal Junior Civil Judge,Kakinada

Case No. :OS/0000256/2022 Manyala Swathi Vs Nadipalli Padmja

Date : 16-11-2022

Business: Counsel of the plaintiff filed a memo. stating that the matter is settled out of court and same is permitted. Hence, the suit is dismissed as not permitted. Nature of : DISMISSED Disposal Disposal Date: 16-11-2022

Sd/- k.madhu swamy

Principal Junior Civil Judge,Kakinada