Sri.K.Madhu Swamy

Additional Junior Civil Judge

II Addl District Court Adoni · Kurnool · Andhra Pradesh

Sri.K.Madhu Swamy, Additional Junior Civil Judge, is posted at II Addl District Court Adoni, Kurnool, Andhra Pradesh, India. 1,796 court orders on record since 2015. 16 judgments with full text available. Primarily handles OS, EP, CC cases.

1,796

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Featured Judgments

OS/282/2016

syndicate Bank vs Smt P. Nagamani

23 Apr 2018

IN THE COURT OF THE PRL JUNIOR CIVIL JUDGE: ADONI.

Present: Sri K. Madhu Swamy, Prl. Junior Civil Judge, Adoni. Monday the 23rd day of April, 2018.

O.S. No.282/2016

Between:

Syndicate Bank, Represented by its present Manager,

Mitnala Narasimha Reddy, …. Plaintif

And

1. P.Nagamani

2. K.Eramma …. Defendants.

This suit coming on 13.04.2018 before me for final hearing in the presence of Sri. P.Jaya Theertha and Smt.M.Suneetha advocate for the plaintiff and defendants called exparte after hearing the counsel for the plaintiff and having stood over for consideration till this day, this Court delivered the following:

JUDGMENT

This suit is filed for recovery of sum of Rs.30,135/- basing on the foot of loan amount.

2. The brief averments of the plaint are as follows: The first defendant approached the plaintiff bank for financial assistance and made an application dated 04.02.2008 to the plaintiff bank for the loan of Rs.28,000/- .

After verification the plaintiff bank has sanctioned a sum of Rs.28,000/- to the first defendant on 04.02.2010. The first defendant has to repay the loan amount with interest at 12% p.a. subject to revision from time to time, within 36 equated monthly installments of Rs.937-64 commencing from 30.03.2010 and the entire loan amount has to be repaid on or before 28.02.2013. The second defendant stood as guarantor for the loan of the first defendant. The first defendant has executed a general agreement dated 04.02.2010 for Rs.28,000/- in favour of the plaintiff bank. The first defendant also executed a receipt for RS.28,000/- on the same day in favour of the plaintiff bank. The second defendant has executed a guarantee agreement on the same day in favour of the plaintiff bank. The first defendant defendant has made the part payments up to 15.11.2012. The first defendant has executed an acknowledgement of debt dated 08.12.2014 in favour of the plaintiff bank acknowledging the amount due to the plaintiff bank which is 2 binding on the second defendant.

In spite of repeated demands made by the plaintiff bank and also on issuance of notice dated 16.02.2016, the defendant failed to repay the loan installments regularly. The part payments made by the first defendant as shown in the account extract. Hence the plaintiff bank has constrained to file this suit for recovery of suit amount against the defendants jointly and severally.

The plaintiff bank is herewith filing the application of the first defendant,

General agreement dated 06.02.2008 and receipt executed by the first defendant, guarantee agreement dated 06.02.2008 executed by the second defendant , acknowledgment of debt dated 06.06.2014 and the account extract.

3. The defendantsz remained exparte.

4. In order to prove the claim, the plaintiff examined himself as P.W-1 and got marked Exs.A.1 to A.8.

5. Heard the plaintiff counsel.

6. Now the point for determination is:

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

7. POINT:- P.W-1 in his chief affidavit reiterated the contents of his plaint.

Since, the defendant remained exparte, the evidence of P.W-1 remained unchallenged.

8. On a careful perusal of the unchallenged evidence of P.W-1 coupled with

Exs.A.1 to A.8 this court is of the view that the plaintiff has established that the plaintiff bank has sanctioned a sum of Rs.28,000/- to the first defendant under

Ex.A.1. is the loan application of the 1st defendant dt.04.02.2010. Ex.A.2 is the original general agreement executed by the 1st defendant in favour of the plaintiff bank dt.04.02.2010. Ex.A.3 is the original guarantee agreement dated 04.02.2010 executed by the 2nd defendant in his favour of the plaintiff bank. Ex.A.4 is the acknowledgement of debt dt.06.06.2014 executed by the 1st defendant in his favour of plaintiff bank. Ex.A.5 is the office copy of legal notice dated 16.02.2016.

Ex.A.6 is the account extract. Ex.A.7 is the account extract. Ex.A.8 is the certified 3 copy of power of attorney. In view of the above documents this court is of the view that the plaintiff’s Bank is entitled to recover the suit amount from the defendants as prayed for. Accordingly, the point is answered in favour of the plaintiff and against the defendant.

9. In the result, the suit is decreed with costs for an amount of Rs.79,170/- with subsequent interest at 12% p.a. on Rs.79,170/- from the date of the suit till the date of the decree and thereafter at 6% p.a. till the date of realization from the defendants jointly and severally.

Typed to my dictation, corrected and pronounced by me in the open Court, this the 23 rd day of April, 2018.

PRL.JUNIOR CIVIL JUDGE,

ADONI

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Plaintif : For Defendant :

P.W-1: Syndicate Bank, Adoni Branch, rep by its present Manager. -None-

EXHIBITS MARKED FOR PLAINTIFF

Ex.A.1 : loan application of the 1st defendant dt.6.02.2008.

Ex.A.2 : General agreement executed by the 1st defendant in favour of the plaintiff bank dt.6.02.2008.

Ex.A.3 : Guarantee agreement dt.6.02.2008 executed by the 2nd defendant in his favour of plaintiff bank.

Ex.A.4 : Acknowledgement of debt dt.06.06.2014 executed by the 1st defendant in his favour of plaintiff bank.

Ex.A.5 : Office copy of legal notice dated 16.02.2016.

Ex.A.6 : Account extract.

Ex.A.7 : Certificate account extract.

Ex.A.8 : Certified coy of power of attorney.

EXHIBITS MARKED FOR DEFENDANT

-Nil-

PJCJ,ADN

4 5 6 7

IN THE COURT OF THE PRL JUNIOR CIVIL JUDGE: ADONI.

Present: Sri K. Madhu Swamy, Prl. Junior Civil Judge, Adoni. Monday the 9th day of April, 2018.

O.S. No.302/2016

Between:

The Adoni Mutual Benefit Permanent Fund

Ltd., Adoni represented by its President, …. Plaintif

And

1.K.Marenna, S/o. K.Naganna, Hindu, aged about 46 years, R/o.D.No.17/21-304-19, Indiranagar, Adoni.

2.B.Neelakantappa, S/o. B.Ranganna, Hindu, aged about 59 years, R/o.D.No.6/50, Boyageri Adoni.

3.C.H.Anjaneyulu S/o. C.H.Durgappa, Hindu, aged about 56 years, R/o.D.No.5/132/2, Kolchinpet,

Adoni. …. Defendants.

This suit is filed for recovery of sum of Rs.30,719/- basing on the foot of loan amount.

Plaint presented on 12.08.2016 and filed on 22.09.2016 Jurisdiction value of Rs.30,719/- and fixed and Court fee of Rs.1,846/- is paid u/Sec.20 of the A.P.C.F. and Suit Valuation Act. This suit coming on 04.04.2018 before me for final hearing in the presence of Sri. C.Giridhar and SMT. Padma Desai advocate for the plaintiff and defendants called exparte after hearing the counsel for the plaintiff and having stood over for consideration till this day, this Court doth order and decree :

1. That the suit be and the same is hereby decreed.

2. That the defendants jointly and severally do pay to the plaintiff a sum of Rs.30,719/- with subsequent interest at 12% per annum on amount of

Rs.30,719/- and from the date of the suit till the date of decree and thereafter at 6% p.a. from the date of decree till the date of realization from the defendants.

3. That the defendant do also pay the sum of Rs. 3,915/- to the plaintiff towards the costs of the suit.

Given under my hand and the seal of this Court, this the 9th day of April, 2018.

PRL.JUNIOR CIVIL JUDGE,

ADONI

MEMO OF COSTS

Plaintiff Defendant

Rs. Ps. Rs. Ps.

1. Stamps on plaint 1,846-00

2. Stamps on vakalat 2-00 ---

3. Stamps on process 350-00

4. Advocate fees 1,117-00

5. Publication charges 500-00

5. Typing charges 50-00

6. Writing charges 50-00 --------------- Rs. 3,915-00 ----------------

PJCJ,ADONI.

OS/250/2016

Syndicate Bank vs T.V.Samba Siva Rao and another

23 Apr 2018

IN THE COURT OF THE PRL JUNIOR CIVIL JUDGE: ADONI.

Present: Sri K. Madhu Swamy, Prl. Junior Civil Judge, Adoni. Monday the 23rd day of April, 2018.

O.S. No.250/2016

Between:

Syndicate Bank, Represented by its present Manager,

Mitnala Narasimha Reddy, …. Plaintif

And

1.T.V.Samba Siva Rao

2.Kuruva Burujala Raju …. Defendants.

This suit coming on 16.04.2018 before me for final hearing in the presence of Sri. P.Jaya Theertha and Smt.M.Suneetha advocate for the plaintiff and defendants called exparte after hearing the counsel for the plaintiff and having stood over for consideration till this day, this Court delivered the following:

JUDGMENT

This suit is filed for recovery of sum of Rs.79,170/- basing on the foot of loan amount.

2. The brief averments of the plaint are as follows: The first defendant approached the plaintiff bank for financial assistance and made an application dated 06.02.2008 to the plaintiff bank for the loan of Rs.1,60,000/- .

After verification the plaintiff bank has sanctioned a sum of Rs.1,60,000/- to the first defendant on 06.02.2008. The first defendant has to repay the loan amount with interest at 15.5% p.a. subject to revision from time to time, within 60 equated monthly installments of Rs.3887-73 commencing from 31.03.2008 and the entire loan amount has to be repaid on or before 28.02.2013. The second defendant stood as guarantor for the loan of the first defendant. The first defendant has executed a general agreement dated 06.02.2008 for Rs.1,60,000/- in favour of the plaintiff bank. The first defendant also executed a receipt for

RS.1,60,000/- on the same day in favour of the plaintiff bank. The second defendant has executed a guarantee agreement on the same day in favour of the plaintiff bank. The first defendant has executed an acknowledgement of debt

dated 06.06.2014 in favour of the plaintiff bank acknowledging the amount due to

the plaintiff bank which is binding on the second defendant.

The plaintiff bank is herewith filing the application of the first defendant,

3. The defendant remained exparte.

4. In order to prove the claim, the plaintiff examined himself as P.W-1 and got marked Exs.A.1 to A.8.

5. Heard the plaintiff counsel.

6. Now the point for determination is:

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

7. POINT:- P.W-1 in his chief affidavit reiterated the contents of his plaint.

Since, the defendant remained exparte, the evidence of P.W-1 remained unchallenged.

8. On a careful perusal of the unchallenged evidence of P.W-1 coupled with

Exs.A.1 to A.8 this court is of the view that the plaintiff has established that the plaintiff bank has sanctioned a sum of Rs.1,60,000/- to the first defendant under

Ex.A.1. is the loan application of the 1st defendant dt.6.02.2008. Ex.A.2 is the general agreement executed by the 1st defendant in favour of the plaintiff bank dt.6.02.2008. Ex.A.3 is the guarantee agreement dated 6.02.2008 executed by the 2nd defendant in his favour of plaintiff bank. Ex.A.4 is the acknowledgement of debt dt.06.06.2014 executed by the 1st defendant in his favour of plaintiff bank.

Ex.A.5 is the office copy of legal notice dated 16.02.2016. Ex.A.6 is the account extract. Ex.A.7 is the account extract. Ex.A.8 is the certified copy of power of 3 attorney. In view of the above documents this court is of the view that the plaintiff’s Bank is entitled to recover the suit amount from the defendants as prayed for. Accordingly, the point is answered in favour of the plaintiff and against the defendant.

Typed to my dictation, corrected and pronounced by me in the open Court, this the 23 rd day of April, 2018.

PRL.JUNIOR CIVIL JUDGE,

ADONI

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Plaintif : For Defendant :

P.W-1: Syndicate Bank, Adoni Branch, rep by its present Manager. -None-

EXHIBITS MARKED FOR PLAINTIFF

Ex.A.1 : loan application of the 1st defendant dt.6.02.2008.

Ex.A.2 : General agreement executed by the 1st defendant in favour of the plaintiff bank dt.6.02.2008.

Ex.A.3 : Guarantee agreement dt.6.02.2008 executed by the 2nd defendant in his favour of plaintiff bank.

Ex.A.4 : Acknowledgement of debt dt.06.06.2014 executed by the 1st defendant in his favour of plaintiff bank.

Ex.A.5 : Office copy of legal notice dated 16.02.2016.

Ex.A.6 : Account extract.

Ex.A.7 : Certificate account extract.

Ex.A.8 : Certified coy of power of attorney.

EXHIBITS MARKED FOR DEFENDANT

-Nil-

PJCJ,ADN

4 5 6 7

IN THE COURT OF THE PRL JUNIOR CIVIL JUDGE: ADONI.

Present: Sri K. Madhu Swamy, Prl. Junior Civil Judge, Adoni. Monday the 9th day of April, 2018.

O.S. No.302/2016

Between:

The Adoni Mutual Benefit Permanent Fund

Ltd., Adoni represented by its President, …. Plaintif

And

1.K.Marenna, S/o. K.Naganna, Hindu, aged about 46 years, R/o.D.No.17/21-304-19, Indiranagar, Adoni.

2.B.Neelakantappa, S/o. B.Ranganna, Hindu, aged about 59 years, R/o.D.No.6/50, Boyageri Adoni.

3.C.H.Anjaneyulu S/o. C.H.Durgappa, Hindu, aged about 56 years, R/o.D.No.5/132/2, Kolchinpet,

Adoni. …. Defendants.

This suit is filed for recovery of sum of Rs.30,719/- basing on the foot of loan amount.

1. That the suit be and the same is hereby decreed.

2. That the defendants jointly and severally do pay to the plaintiff a sum of Rs.30,719/- with subsequent interest at 12% per annum on amount of

Rs.30,719/- and from the date of the suit till the date of decree and thereafter at 6% p.a. from the date of decree till the date of realization from the defendants.

3. That the defendant do also pay the sum of Rs. 3,915/- to the plaintiff towards the costs of the suit.

Given under my hand and the seal of this Court, this the 9th day of April, 2018.

PRL.JUNIOR CIVIL JUDGE,

ADONI

MEMO OF COSTS

Plaintiff Defendant

Rs. Ps. Rs. Ps.

1. Stamps on plaint 1,846-00

2. Stamps on vakalat 2-00 ---

3. Stamps on process 350-00

4. Advocate fees 1,117-00

5. Publication charges 500-00

5. Typing charges 50-00

6. Writing charges 50-00 --------------- Rs. 3,915-00 ----------------

PJCJ,ADONI.

OS/336/2017

N.Dhanunjaya vs S.Khader

24 Apr 2018

IN THE COURT OF THE PRL JUNIOR CIVIL JUDGE: ADONI.

Present: Sri K. Madhu Swamy, Prl. Junior Civil Judge, Adoni. Tuesday the 24th day of April, 2018.

O.S. No.336/2017

Between:

N.Dhanunjaya …. Plaintif

And

S.Khader …. Defendant.

This suit coming on 20.04.2018 before me for final hearing in the presence of Sri. M.Narasana Goud advocate for the plaintiff and defendant called exparte after hearing the counsel for the plaintiff and having stood over for consideration till this day, this Court delivered the following:

JUDGMENT

This suit is filed for recovery of sum of Rs.2,50,000/- basing on the foot of promissory note.

2. The brief averments of the plaint are as follows: On 21.12.2016 the defendant has borrowed a sum of Rs.70,000/- from the plaintiff in cash at

Adoni for his family expenses and to discharge his sundry debts agreeing to repay the same with interest at 24% p.a. and in evidence thereof the defendant has executed a suit ‘A’ promissory note in favour of the plaintiff on the same day for the said amount.

Again on 5.01.2017 the defendant has borrowed a sum of Rs.1,00,000/- from the plaintiff in cash at Adoni for his family expenses and to discharge his sundry debts agreeing to repay the same with interest at 24% p.a. on demand and in evidence thereof the defendant has executed a suit B promissory note in favour of the plaintiff on the same day for the said amount.

Again on 5.02.2017 the defendant has borrowed a sum of Rs.35,000/- from the plaintiff in cash at Adoni for discharging his sundry debts agreeing to repay the same with interest at 24% p.a. on demand and in evidence thereof the defendant has executed a suit C promissory note in favour of the plaintiff on the same day for the said amount.

Towards the above said three promissory notes debts the defendant has not paid anything either towards principal amounts or interest inspite of several oral demands made by the plaintiff. Hence the suit.

3. The defendant remained exparte.

4. In order to prove the claim, the plaintiff examined himself as P.W-1 and got marked Exs.A.1 to A.3.

5. Heard the plaintiff counsel.

6. Now the point for determination is:

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

7. POINT:- P.W-1 in his chief affidavit reiterated the contents of his plaint.

Since, the defendant remained exparte, the evidence of P.W-1 remained unchallenged.

8. On a careful perusal of the unchallenged evidence of P.W-1 coupled with

Exs.A.1 to A.3 this court is of the view that the plaintiff has established that the defendant borrowed an amount of Rs.70,000/- 1,00,000/- Rs.35,000/- (Rs.205000/-) from the plaintiff under Exs.A.1 to A.3. Ex.A.1 is the ‘A’ promissory note for Rs.70,000/- dated 21.12.2016 executed by the defendant in his favour.

Ex.A.2 is the ‘B’ promissory note for Rs.1,00,000/- dt.5.01.2017 executed by the defendant in his favour. Ex.A.3 is the ‘C’ promissory note for Rs.35,000/- dt.5.02.2017 executed by the defendant in his favour. In view of the above documents this court is of the view that the plaintiff is entitled to recover the suit amount from the defendant as prayed for. Accordingly, the point is answered in favour of the plaintiff and against the defendant.

9. In the result, the suit is decreed with costs for an amount of Rs.

2,50,000/- with subsequent interest at 12% p.a. on Rs.70,000/- Rs.1,00,000/-

Rs.35,000/- (Rs.205000/-) from the date of the suit till the date of the decree and thereafter at 6% p.a. till the date of realization from the defendant.

Typed to my dictation, corrected and pronounced by me in the open Court, this the 24 th day of April, 2018.

PRL.JUNIOR CIVIL JUDGE,

ADONI 3

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Plaintif : For Defendant :

P.W-1: N.Dhanjunjaya -None-

EXHIBITS MARKED FOR PLAINTIFF

Ex.A.1 : ‘A‘ promissory note for Rs.70,000/- dt.21.12.2016 executed by the defendant in his favour.

Ex.A.2 : ‘B’ promissory note for Rs.1,00,000/- dt.5.01.2017 executed by the defendant in his favour.

Ex.A.3 : ‘C’ promissory note for Rs.35,000/- dt.5.02.2017 executed by the defendant in his favuor.

EXHIBITS MARKED FOR DEFENDANT

-Nil-

PJCJ,ADN

4 5 6 7

IN THE COURT OF THE PRL JUNIOR CIVIL JUDGE: ADONI.

Present: Sri K. Madhu Swamy, Prl. Junior Civil Judge, Adoni. Thursday the 12th day of April, 2018.

O.S. No.32/2018

Between:

B.Haroon Basha Son of B.Ahamed Hussain, Muslim, aged about 40 years, Cultivator, resident of Peddathumbalam,

village, Adoni Mandal. …. Plaintif

And

Manchala Moddin S/o. Manchala Pedda Khasim Vali, Muslim aged about 46 years, Cultivator, resident of Peddathumbalam village,

Adoni Mandal. …. Defendant.

This suit is filed for recovery of sum of Rs.53,460/- basing on the foot of promissory note.

Plaint presented on 01.02.2018 and filed on 14.02.2018. Jurisdiction value of Rs.53,460/- and fixed and Court fee of Rs.2,466/- is paid u/Sec.20 of the A.P.C.F. and Suit Valuation Act.

This suit coming on 09.04.2018 before me for final hearing in the presence of Sri. S.Prabhakar advocate for the plaintiff and defendant called exparte after hearing the counsel for the plaintiff and having stood over for consideration till this day, this Court doth order and decree :

1. That the suit be and the same is hereby decreed.

2. That the defendant do pay to the plaintiff a sum of Rs.53,460/- with subsequent interest at 12% per annum on the principal amount of Rs.33,000/- and from the date of the suit till the date of decree and thereafter at 6% p.a. from the date of decree till the date of realization.

3. That the defendant do also pay the sum of Rs.4,289/- to the plaintiff towards the costs of the suit.

Given under my hand and the seal of this Court, this the 12th day of April, 2018.

PRL.JUNIOR CIVIL JUDGE,

ADONI 8

MEMO OF COSTS

Plaintiff Defendant

Rs. Ps. Rs. Ps.

1. Stamps on plaint 2,466-00

2. Stamps on vakalat 2-00 ---

3. Stamps on process 70-00

4. Advocate fees 1,651-00

5. Typing charges 50-00

6. Writing charges 50-00 --------------- Rs. 4,289-00 ----------------

PJCJ,ADONI.

OS/101/2015

Vijaya Bank,Adoni repd. Manager, ASWATHA NARAYANA vs K.GANGARAJU AND ANOTHER

03 Sep 2015

IN THE COURT OF THE PRL. JUNIOR CIVIL JUDGE: ADONI.

Present: Sri K. Madhu Swamy, Prl. Junior Civil Judge, Adoni. Thursday the 3rd day of September, 2015

O.S. No.101/2015

Between:

Vijaya Bank, Adoni represented by its Branch Manager Aswatha Narayana …. Plaintif

And

1. K. Gangaraju

2. P.S.Govindu …. Defendants

This suit is coming on 2-9-2015 before me for final hearing in the presence of Sri P. Madhusudhan Reddy, Advocate for the plaintif and the defendants 1 and 2 having remained ex parte and after hearing the counsel for the plaintif and having stood over for consideration till this day this Court delivered the following:

JUDGMENT

This is a suit filed for recovery of Rs.99,463/- being the principal and interest due under a loan taken by defendants, executed an agreement in favour of the bank on behalf of defendant No.1 and for costs.

2. The brief averments in the plaint are on the application dated 18-10-2004 submitted by 1st defendant, the plaintif bank sanctioned personal loan of Rs.50,000/-. In lieu of it, defendant No.1 executed an hypothecation agreement dated 18-10-2004 in favour of the plaintif bank, hypothecating the live stock comprising of silk sarees and other dress materials. As per the terms of repayment schedule under the agreement dated 18-10-2004 the loan amount has to be repaid on or

before 18-10-2009 in 60 equal monthly instalments at the rate of

Rs.1100/- per each instalment with interest at 11 % p.a. In addition to the hypothecation agreement on 18-10-2004, defendant No.1 executed 2 a letter of repayment, demand promissory note for the said sum of

Rs.50,000/- in favour of the bank agreeing to the terms and conditions reduced therein. Later defendant No.1 produced defendant No.2 as his guarantors who executed a letter of guarantee dated 18-10-2004 for a sum of Rs.50,000/- in favour of the plaintif bank agreeing to abide by the terms of guarantee. The 1st defendant has executed an acknowledgment of debts dated 1-10-2007, 13-3-2010 and finally on 18-1-2013 despite of it, the 1st defendant stood default in repaying the amount. Finally the plaintif bank issued reminders dated 16-11-2012, 4-2-2013 and legal notices dated 28-7-2012 to both defendants 1 and 2 and even referred the matter before the Legal Services Authority as

Pre-litigation patter PLC. No. 64/2014. The outstanding amount payable by the said principal borrower is of Rs.99,363/- as on 18-7- 2014. Hence, this suit.

3. After receiving the summons from this court, the defendants 1 and 2 were set ex parte.

4. To prove the case, the plaintif bank examined its Manager as

P.W-1 and got marked Exs. A-1 to A-11.

5. Heard the learned counsel for the plaintif and perused the record.

6. Now the point for determination is:

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

7. POINT:- P.W-1 in his chief affidavit reiterated the contents of his claim and in support of his contention he got marked Exs. A-1 to

A-11. Since, the defendants 1 and 2 remained ex parte, the evidence 3 of P.W-1 remained unchallenged.

8. On a perusal of the unchallenged evidence of P.W-1 coupled with Exs. A-1 to A-11, it establishes that the 1st defendant approached the plaintif bank and obtained loan for Rs.50,000/- and agreed to pay the same with interest at 11% p.a. in 60 equated monthly instalments at the rate of Rs.1100/- per month and the loan amount has to be repaid on or before 18-10-2009 and executed a letter of repayment in favour of the plaintif bank agreeing to the terms and conditions reduced therein. 1st defendant furnished an independent guarantor i.e., defendant No. 2 who executed a letter of guarantee in favour of the plaintif bank. Despite of reminders made to the defendants, they did not pay the amount. On 1-10-2007 and again on 13-3-2010 and 18-1-2013 the 1st defendant executed an acknowledgement of debts in favour of the plaintif bank acknowledging the amount due to the plaintif bank. Inspite of repeated demands made by the plaintif bank and also issuance of the legal notice dated 28-7-2012, the defendants failed to repay the loan amount. Therefore, this court feels that the plaintif bank is entitled to recover the suit amount from the defendants 1 and 2 as prayed for. Accordingly, the point is answered in favour of the plaintif and against the defendants 1 and 2.

In the result, the suit is decreed with costs for an amount of

Rs.99,463/- (Rupees Ninety nine thousands four hundred and sixty three only) with subsequent interest at the rate of 11% p.a., on Rs.

50,000/- from the date of suit till the date of decree and thereafter at 6% p.a., till the date of realization from the defendants 1 and 2 jointly and severally.

Typed to my dictation, corrected and pronounced by me in the open Court, this the 3 rd day of September, 2015.

PRL. JUNIOR CIVIL JUDGE,

ADONI.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Plaintif : For Defendants:

P.W-1: B. Srinivasa Reddy -None-

EXHIBITS MARKED FOR PLAINTIFF

Ex.A-1: Attested copy of General Power of Attorney given to the Bank Manager

Ex.A-2: Original copy of hypothecation agreement executed by D-1 in favour of the plaintif bank dated 18-10-2004

Ex.A-3: Original copy of letter of repayment made by D-1 in favour of plaintif bank.

Ex.A-4: Original copy of letter of guarantee executed by guarantor P.S. Govindu in favour of the plaintif bank.

Ex.A-5: Demand promissory note executed by D-1 in favour of the plaintif bank dated 18-10-2004

Ex.A-6: Original acknowledgement of debt executed by D-1

Ex.A-7: Acknowledgment of debt executed by D-1 dated 13-3-2010

Ex.A-8: Acknowledgement of debt executed by D-1 dated 18-1-2013

Ex.A-9:Reminder letter issued by the bank to D-1 and D-2

dated 16-11-2012

Ex.A-10: Legal notice issued to Prl. borrower and guarantor

dated 28-7-2012.

Ex.A-11: Statement copy of account.

EXHIBITS MARKED FOR DEFENDANTS

-Nil-

PRL. JUNIOR CIVIL JUDGE,

ADONI.

OS/102/2015

Vijaya Bank,Adoni repd. Manager, ASWATHA NARAYANA vs M.KRISHNA AND 2 OTHERS

31 Aug 2015

IN THE COURT OF THE PRL. JUNIOR CIVIL JUDGE: ADONI.

Present: Sri K. Madhu Swamy, Prl. Junior Civil Judge, Adoni. Monday the 31st day of August, 2015

O.S. No.102/2015

Between:

Vijaya Bank, Adoni represented by its Branch Manager Aswatha Narayana …. Plaintif

And

1. M. Krishna

2. T.C. Venkatswamy

3. M.Penchalamma …. Defendants

This suit is coming on 27-6-2015 before me for final hearing in the presence of Sri P. Madhusudhan Reddy, Advocate for the plaintif and the defendants 2 and 3 having remained ex parte and the suit against defendant No.1 is abated and after hearing the counsel for the plaintif and having stood over for consideration till this day this Court delivered the following:

JUDGMENT

This is a suit filed for recovery of Rs.1,66,044/- being the

principal and interest due under a loan taken by defendants, executed

an agreement in favour of the bank on behalf of defendant No.1 and for costs.

2. The brief averments in the plaint are on the application dated 25-7-2007 submitted by 1st defendant, the plaintif bank sanctioned personal loan of Rs.60,000/-. In lieu of it, defendant No.1 executed a demand promissory note in favour of plaintif bank, agreeing to repay the amount with interest at 16% p.a. in 48 equal monthly instalmentsat the rate of Rs.1710/- per month commencing from August, 2007.

Defendant No.1 executed a letter of repayment, demand promissory note for the said sum of Rs.60,000/- in favour of the bank agreeing to the terms and conditions reduced therein. Later defendant No.1 produced defendants 2 and 3 as his guarantors who executed a letter 2 of guarantee dated 25-7-2007 for a sum of Rs.60,000/- in favour of the plaintif bank agreeing to abide by the terms of guarantee. The 1st defendant has executed an acknowledgment of debts dated 6-3-2010 and on 25-2-2013 acknowledging the amount due to the plaintif bank.

2nd defendant as a guarantor paid a sum of Rs. 41,665/- to the plaintif bank on various dates. Inspite of repeated demands made by the plaintif bank and issuance of legal notices dated 16-6-2012 and on 23-10-2012 the defendants failed to repay the balance of loan amount.

As seen from the books of account, after giving credit to the payment made by defendant No.2, the outstanding amount payable by the defendants is Rs.1,65,944/- as on 20-4-2015. Hence, this suit.

3. After receiving the summons from this court, the defendants 2 and 3 were set ex parte and the counsel for the plaintif filed a memo stating that defendant No.1 died without any legal heirs.

4. To prove the case, the plaintif bank examined its Manager as

P.W-1 and got marked Exs. A-1 to A-8.

5. Heard the learned counsel for the plaintif and perused the record.

6. Now the point for determination is:

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

7. POINT:- P.W-1 in his chief affidavit reiterated the contents of his claim and in support of his contention he got marked Exs. A-1 to

A-8. Since, the defendants 2 and 3 remained ex parte, the evidence of

P.W-1 remained unchallenged.

8. On a perusal of the unchallenged evidence of P.W-1 coupled with Exs. A-1 to A-8, it establishes that the 1st defendant approached the plaintif bank and obtained loan for Rs.60,000/- and agreed to pay the same with interest at 16% p.a. in 48 equated monthly instalments at the rate of Rs.1710/- per month commencing from August 2007 and executed a letter of repayment in favour of the plaintif bank agreeing to the terms and conditions reduced therein. 1st defendant furnished an independent guarantor i.e., defendant Nos. 2 and 3 who executed a letter of guarantee in favour of the plaintif bank. Despite of reminders made to the defendants, they did not pay the amount. On 24-11-2009 and again on 6-3-2010 and 25-2-2013 the 1st defendant executed an acknowledgement of debts in favour of the plaintif bank acknowledging the amount due to the plaintif bank. Inspite of repeated demands made by the plaintif bank and also issuance of the legal notice dated 16-6-2012, the defendants failed to repay the loan amount. The counsel for the plaintif filed a memo stating that defendant No.1 died without any legal heirs. Therefore, this court feels that the plaintif bank is entitled to recover the suit amount from the defendants 2 and 3 as prayed for. Accordingly, the point is answered in favour of the plaintif and against the defendants 2 and 3.

In the result, the suit is decreed with costs for an amount of

Rs.1,66,044/- (Rupees One lakh sixty six thousands and forty four only) with subsequent interest at the rate of 12% p.a., on Rs. 60,000/- from the date of suit till the date of decree and thereafter at 6% p.a., till the date of realization from the defendants 2 and 3. The suit against defendant No.1 is abated.

Typed to my dictation, corrected and pronounced by me in the open Court, this the 31st day of August, 2015.

PRL. JUNIOR CIVIL JUDGE,

ADONI.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Plaintif : For Defendants:

P.W-1: B. Srinivasa Reddy -None-

EXHIBITS MARKED FOR PLAINTIFF

Ex.A-1: Attested copy of General Power of Attorney given to the Bank Manager

Ex.A-2: Demand promissory note executed by D-1 in favour of plaintif bank dated 25-7-2007

Ex.A-3: Letter of guarantee issued by defendants 2 and 3 in favour of plaintif bank dated 25-7-2007

Ex.A-4: Hypothecation agreement dated 25-7-2007

Ex.A-5: Acknowledgement of debt executed by D-1 dated 6-3-2010

Ex.A-6: Acknowledgement of debt executed by D-1 dated 25-2-2013

Ex.A-7: Office copy of legal notice dated 16-6-2012

Ex.A-8: Notice issued by the plaintif bank dated 23-10-2012.

EXHIBITS MARKED FOR DEFENDANTS

-Nil-

PRL. JUNIOR CIVIL JUDGE,

ADONI.

Order Record 1,675 total

Case No.	Parties	Date	Type	Outcome
OS/52/2018	R.Shabeena Begum vs R.Muqthyar Basha alias R.Muqthyar Ahmed	25 Apr 2018	Others	—
OS/336/2017	N.Dhanunjaya vs S.Khader	24 Apr 2018	Judgment	—
EP/29/2018	M/.Shriram Chits Private Ltd., Rep. by T.Veera Reddy vs D.Sabeera Begum	23 Apr 2018	Order	—
OS/199/2017	M.Nalla Guttaiah vs P.Bhasakr	23 Apr 2018	Judgment	—
OS/200/2017	M.Nallaguttaiah vs A.Ashif Basha	23 Apr 2018	Judgment	—
OS/250/2016	Syndicate Bank vs T.V.Samba Siva Rao and another	23 Apr 2018	Judgment	—
OS/282/2016	syndicate Bank vs Smt P. Nagamani	23 Apr 2018	Judgment	—
OS/74/2017	STATE BANK OF INDIA, MARKET YARD BRANCH, ADONI REPRESENT BY ITS MANAGER T.KISHORE CHANDRA S/O T.PRA vs V.RAMESH BABU S/O V.RANGANNA	19 Apr 2018	Judgment	—
EP/47/2018	K.Vijayabhaskar vs K.Nagesh	18 Apr 2018	Others	—
OS/294/2017	Ghousia Begum vs Zaibunnisa	18 Apr 2018	Judgment	—
OS/333/2017	A.Sudhakar vs P.Suraiya Begum	18 Apr 2018	Judgment	—
EP/20/2018	Kapil Chit Hyderabad Rep. by Y.Venugopal vs S.Sailaja	16 Apr 2018	Others	—
OS/18/2018	T.Krishnamurthy vs Boya Ganekal Nagappa	16 Apr 2018	Judgment	—
OS/93/2017	cooperation bank represented by its branch manager Sri P.BHEEMALINGA PRASAD S/O P.P.RAMACHANDRA vs G.MD.SHANSHAH S/O G.MD.YUSUF AND 2 OTHERS	16 Apr 2018	Judgment	—
OS/267/2016	Syndicate Bank vs D.K. Rangaiah and 2 others	16 Apr 2018	Judgment	—
EP/22/2018	Dola Shara Sarala Kumari vs Sreeramula Yakobu Deva Prasad	13 Apr 2018	Others	—
OS/184/2016	Nagari Meghadipathi vs B.Anjinaiah	13 Apr 2018	Judgment	—
OS/255/2017	Reddygari S.Mahaboob Patel vs Kuruva Yathigirappa	13 Apr 2018	Judgment	—
EP/67/2013	Andhra pragathi Grameena Bank vs T.Nirmalamma and 2 others	12 Apr 2018	Others	—
EP/133/2014	Kapil chit fund vs Vss.Md. Moosa and 4 others	12 Apr 2018	Others	—
OS/32/2018	B.Haroon Basha vs Manchala Moddin	12 Apr 2018	Judgment	—
EP/123/2017	Kapil Chits Pvt., Ltd.,Rep.by Y.Venugopal vs D.Eranna	11 Apr 2018	Others	—
OS/120/2017	N.S.Raja sab, s/o N.S.Shaik sab, muslim vs Vs	10 Apr 2018	Judgment	—
OS/308/2017	M.Mohammed Ali vs U.Haresh Kumar	10 Apr 2018	Judgment	—
RCC/2/2017	K.Anjaneyulu vs Bariki Krishna	10 Apr 2018	Judgment	—
RCC/3/2017	K.Anjaneyulu vs K.Mallamma	10 Apr 2018	Judgment	—
EP/97/2017	D.Prabhudas vs B.Vijayaraju	09 Apr 2018	Others	—
OS/302/2016	Adoni Mutual Benefit permananet fund vs K. Marenna and 2 others	09 Apr 2018	Judgment	—
OS/14/2018	T.Krishnamurthy vs Jumaladinne Doddi Sreeramulu	06 Apr 2018	Judgment	—
OS/61/2014	T. Begum Bi vs K.Suvarna	06 Apr 2018	Judgment	—
OS/319/2016	D.karna vs S.K. Krishnamma	06 Apr 2018	Judgment	—
OS/328/2017	N.Ramathulasamma vs A.Sadiq Vali	06 Apr 2018	Judgment	—
EP/55/2012	Shree Vimalnath Corporation vs Tarachandra and 2 others	04 Apr 2018	Others	—
OS/29/2018	K.Srinivasa Chari vs A.N.Girijamma	04 Apr 2018	Judgment	—
OS/214/2016	K. Dharmaraju vs K. Chandrasekhar alias Chandrappa	04 Apr 2018	Others	—
EP/95/2017	M/s.Margadarsi Chit Fund Pvt.,Ltd., Rep by its Manager vs Kakarla Swarnalatha	03 Apr 2018	Others	—
OS/153/2016	Steate Bank of India vs K. Vijayalakshmi and 9 others	03 Apr 2018	Judgment	—
OS/185/2011	T.V.S.Rangaiah Setty vs J.Abdul Hameed and 3 others	02 Apr 2018	Judgment	—
EP/111/2008	A.Lalitha Bai vs M.Shankara Rao	29 Mar 2018	Others	—
OS/209/2017	Smt.Lakshmi vs Valekar Srinivasulu	29 Mar 2018	Judgment	—
EP/51/2017	D.Yellamma rep. by her mother and natural guardian D.Eramma vs Vs	28 Mar 2018	Judgment	—
OS/13/2018	Dubbaraju Kowlutlaiah vs N.Sreenivasulu	28 Mar 2018	Judgment	—
OS/244/2017	B.Veeresh vs B.Adiseshu	28 Mar 2018	Judgment	—
OS/343/2017	K.Ayyanna Goud vs Harijana Eranna	28 Mar 2018	Judgment	—
OS/344/2017	Ayyanna Goud vs Chakali Manjunatha	28 Mar 2018	Judgment	—
OS/373/2016	K.Prabhakar vs D.Dilwar Hussain	28 Mar 2018	Judgment	—
EP/39/2017	B.Md.Fayaz vs T.Nagendra	27 Mar 2018	Others	—
OS/324/2017	N.Suryakantha Reddy vs K.Pakkirappa	27 Mar 2018	Judgment	—
OS/325/2017	Mumtaz Begum vs The Commissioner	27 Mar 2018	Judgment	—
EP/23/2018	Kapil Chit, Hyderabad Rep. by Y.Venugopal vs Y.Surya	23 Mar 2018	Judgment	—
EP/26/2018	Kapil Chit Hyderabad, rep. by Y.Venugopal vs Akkamsetty Ramanjaneyulu	23 Mar 2018	Others	—
OS/99/2017	S.JAHERA vs S.NASEEMA	23 Mar 2018	Judgment	—
OS/331/2017	P.Vijaya Lakshmi vs Bariki Nagaraju	23 Mar 2018	Judgment	—
OS/41/2017	SYNDICATE BANK, ADONI,REP BY ITS PRESENT MANAGER MITNALA NARASIMHA REDDY vs M.BHASKAR REDDY S/O LAKSHMI REDDY AND ANOTHER	22 Mar 2018	Judgment	—
OS/288/2017	K.Pedda Raju vs Boya Nagalore Ramulamma	22 Mar 2018	Judgment	—
OS/306/2017	K.Sulochanamma vs Boya Nagalute Ramulamma	22 Mar 2018	Judgment	—
OS/22/2018	Mestri Thikkanna vs B.Maresppa	21 Mar 2018	Judgment	—
OS/277/2012	Chinna Sanjeeva Reddy vs Beerala Eramma alis Indiramm	21 Mar 2018	Judgment	—
OS/342/2017	K.Md.Shurfuddin vs Reshma	21 Mar 2018	Judgment	—
OS/348/2017	Nagappa vs Kachali Chinna Narasppa	21 Mar 2018	Judgment	—
OS/283/2017	Smt.Atmakur Shobha Kranthi vs D.D.N.Murthy	20 Mar 2018	Judgment	—
OS/315/2017	Kuruva Linganna vs D.Mallikarjuna	20 Mar 2018	Judgment	—
EP/21/2018	Kapil Chit Hyderabad Pvt Ltd Rep. by Y.Venugopal vs R.Sateesh	19 Mar 2018	Others	—
OS/175/2016	s.Riyaz Ahamed vs S.Siddiq Ahamed	19 Mar 2018	Judgment	—
OS/330/2017	J.Shyam Rao vs P.Adil Khan	19 Mar 2018	Judgment	—
EP/50/2017	K.Eramma vs Vadla Madhusudhan Achari	17 Mar 2018	Others	—
EP/24/2011	Syndicate Bank rep.by its Manager vs P.Ch.Veeranna and another	16 Mar 2018	Others	—
EP/36/2018	M/s.Shriram Chits Pvt., Ltd., Rep. by T.Veera Reddy vs N.Mallikarjuna	16 Mar 2018	Others	—
OS/36/2018	B.Reshma Banu vs J.Abdul Khader Jeelani	16 Mar 2018	Others	—
OS/310/2011	M.Kamala kumari and 3 others vs Executive officer Gram Panchayat Kosigi and 3 othe	16 Mar 2018	Judgment	—
EP/6/2015	Vijaya vs M.Thippanna	15 Mar 2018	Others	—
OS/227/2016	Adoni Mutual Benefit permanent fund vs Vidapanuru Rajesh	15 Mar 2018	Judgment	—
EP/19/2018	Kapil Chit Hyderabad Rep.by Y.Venugopal vs Y.Surya	14 Mar 2018	Others	—
OS/221/2017	K.Sreenivasulu vs G.Prakash Reddy	14 Mar 2018	Others	—
OS/335/2017	Belaganti Srinivasulu vs Peekalagattu Eranna	14 Mar 2018	Judgment	—
OS/226/2017	Vadde Raju vs Syed Mehboob Basha	13 Mar 2018	Others	—
OS/318/2017	B.Thikkanna vs M.K.Murthy	13 Mar 2018	Judgment	—
OS/282/2017	R.P.Radha vs T.Murali Mohan	12 Mar 2018	Judgment	—
OS/184/2011	1.Urukundamma 2.Veeresh vs K.P.Yellappa	09 Mar 2018	Judgment	—
EP/140/2017	Kapil Chit Hyderabad Pvt.,Ltd., rep. Y.Venugopal vs Mr.K.Suresh	07 Mar 2018	Others	—
OS/237/2017	Smt.Kuruva Jayalakshmi vs S.Mahaboob Basha	05 Mar 2018	Others	—
OS/326/2017	K.Bande Saheb vs Pichikuntla Rangadu	05 Mar 2018	Judgment	—
OS/275/2017	A.K.Riyazul Haq alias A.K.Riyaz vs A.K.Niyamathullah	01 Mar 2018	Judgment	—
EP/43/2017	C.Lakshmi Kanthu vs D.Vijaya Raju	28 Feb 2018	Others	—
EP/92/2015	C. Savithri vs G. Naresh Babu	28 Feb 2018	Others	—
EP/118/2017	P.Narasanna vs G.Prasad Babu	28 Feb 2018	Others	—
EP/136/2015	M.S. Fayaz vs G.sunkanna	28 Feb 2018	Others	—
OS/225/2012	Mahaboob and 5 others vs Noor basha and 12 others	28 Feb 2018	Judgment	—
OS/80/2011	K.Rafeeq Ahmed vs K.Eranna and another	27 Feb 2018	Judgment	—
OS/263/2017	Vijaya Bank, rep by its Branch Manager Sri B.Srinivasa Reddy vs K.Eramma	23 Feb 2018	Judgment	—
OS/347/2017	B.Chenna Kesava Reddy vs Mr.S.Khader	22 Feb 2018	Judgment	—
OS/280/2017	N.parvathamma vs G.Govindarajulu	21 Feb 2018	Judgment	—
EP/54/2017	R.Sharna Basavana Goud vs S.John	20 Feb 2018	Others	—
EP/86/2017	Sri E.Guru Reddy vs S.Varaprasad	20 Feb 2018	Others	—
EP/131/2017	Golla Chinna Allappa vs Nanna Vali	20 Feb 2018	Others	—
OS/256/2017	Reddygari S.Mahaboob Patel vs K.Eranna	20 Feb 2018	Judgment	—
OS/15/2018	H.Shashidhar vs Boya M.Ramanna	19 Feb 2018	Others	—
OS/306/2011	Harijana Sarojamma and two others vs Harijana Mariamma and 3 others	19 Feb 2018	Judgment	—
OS/306/2017	K.Sulochanamma vs Boya Nagalute Ramulamma	19 Feb 2018	Judgment	—
EP/2/2017	KAPIL CHIT HYD PVT LTD, ADONI BR. REP BY ITS DIVISIONAL MGR, E.NAGA SHANKAR S/O E.YELLAIAH, vs A.K. MARENNA AND 3 OTHERS	16 Feb 2018	Others	—

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Frequently Asked Questions

How many cases has Sri.K.Madhu Swamy handled?

Sri.K.Madhu Swamy has handled 1796 court orders since 2015 at II Addl District Court Adoni. The average disposal rate is 77 orders per month.

What types of cases does Sri.K.Madhu Swamy hear?

Based on available records, Sri.K.Madhu Swamy primarily handles Civil matters (Original Suits, Execution Petitions) and Criminal matters (Criminal Cases, SCC) at II Addl District Court Adoni.

Where is Sri.K.Madhu Swamy currently posted?

Sri.K.Madhu Swamy is posted as Additional Junior Civil Judge at II Addl District Court Adoni, Kurnool, Andhra Pradesh.

Are judgments by Sri.K.Madhu Swamy available online?

Yes. 16 judgments by Sri.K.Madhu Swamy are available on Legistro with full text, outcome, and sections cited.

How fast does Sri.K.Madhu Swamy dispose cases?

Sri.K.Madhu Swamy disposes approximately 77 cases per month, based on 1796 orders handled over their tenure at II Addl District Court Adoni.

Since when is Sri.K.Madhu Swamy serving?

Sri.K.Madhu Swamy has been serving at II Addl District Court Adoni since 2015.

Case Types

OS 67%

EP 28%

CC 5%

RCC 0%

A 0%

PRC 0%

ELECOP 0%

SCC 0%

Posting History

May 2017 — May 2017

Additional Junior Civil Judge · 3 orders
Dec 2015 — Apr 2018

Principal Junior Civil Judge · 1,556 orders
Jun 2015 — Aug 2015

Additional Junior Civil Judge · 82 orders
Jun 2015 — Sep 2015

Principal Junior Civil Judge · 155 orders

Outcomes on Record

Settled Before Lok Adalat 2

Settled Before Lok Adalat Disposal Date: 03-08-2015 2

Acquitted 1

Otherwise Disposed 1

Other Judges at this Court

D Lakshmi

II ADDITIONAL DISTRICT JUDGE

1 orders

Sri G. Yagna Narayana

SENIOR CIVIL JUDGE, ADONI

594 orders

Sri M.Leela Sai Subhash

Additional Junior Civil Judge

1,920 orders

Smt.g.archana

Principal Junior Civil Judge

534 orders

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