Sri M.k.v.achari

Page No.1 of 3

IN THE COURT OF THE JUNIOR CIVIL JUDGE, ALUR.

Present : Sri M.K.V.Achari, Junior Civil Judge,Alur.

Thursday, this the 25th day of April, 2019.

O.S.No.54/2014

Between :

Neravath Parvatha Reddy (Died) Represented by his Legal-heirs 1.N.Venkata Ramanamma 2.N.Durga Reddy. … Plaintif

And

Kammara Kalappa … Defendant

This suit is coming on 25-04-2019 before me for final hearing in the presence of Sri Sri.V.Eranna, Sri.B.Surendra Kumar, Advocates for the plaintif and

Sri.A.Madhava Krishna, Advocate for the defendant and having stood over for consideration till this day, this court delivered the following :-

JUDGMENT

1. This suit is filed by the plaintif against the defendant to recover an amount of

Rs. 86,000/- and for costs of the suit.

2. The defendant borrowed a sum of Rs.25,000/- in cash from the plaintif for his necessities on 23-03-2004 agreeing to repay the said amount with interest 24% p.a and executed registered simple mortgage deed in favour of plaintif by mortgaging his house property at Muthukur Village of Aspari Mandal. Plaintif got issued legal notice

dt. 19-4-2014 calling the defendant for repayment of borrowed amount but defendant

failed to repay the borrowed amount.

Page No.2 of 3

3.Plaintif i.e., Nenavath Parvatha Reddy died during the proceedings of the suit.

As such N.Venkata Ramanamma wife and N.Durga Reddy son of Nenavath Parvatha

Reddy added as legal heirs to proceed with the suit.

4.Written statement filed by the defendant stating that suit is not maintainable either in fact law and facts and denied the avernments of the plaint and submitted that he is an agricultural cooly, he has no means and aged more than 68 years, sufering with many kind of disease and he is not due any amount to any body and mortgage deed is false and pray to dismiss the suit.

5.Heard the counsel appearing to the plaintif.

6.Now the points for consideration are:

1. Whether the mortgage deed is true valid and binding on the defendant?

2. Whether the plaintif is entitle to recovery the suit amount as paid for?

3.Whether the plaintif has got cause of action to file the suit?

4.To what relief?

7.The son of the plaintif N.Durga Reddy examined himself as PW1 and got marked Ex.A1 to A4 and the case is posted for cross examination of the PW1. At this stage, counsel for the plaintif submitted that the case is settled out of court in between plaintif and defendant and pray to dismiss the suit as not pressed. The said memo recorded. As the suit settled in between parties to the suit as such Issue No.1 to 3 are not answered.

In the result, the suit is dismissed without costs as not pressed.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by

me in the open Court, this the 25th day of April, 2019.

JUNIOR CIVIL JUDGE,

ALUR.

Page No.3 of 3

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Plaintif : For Defendant :

P.W-1: Neravati Durga Reddy-None-

EXHIBITS MARKED

For Plaintif :

Ex.A-1: Registered simple mortgage deed dated 23-03-2014 executed by the defendant in favour of plaintif.

Ex.A-2: Office copy of Legal notice dated 19-04-2014

Ex.A-3: Postal receipt dated 21-04-2014.

Ex.A-4: Served postal acknowledgment dated.28-04-2014.

For Defendant :-Nil-

JUNIOR CIVIL JUDGE,

ALUR.

IN THE COURT OF THE JUNIOR CIVIL JUDGE, ALUR.

Present : Sri M.K.V.Achari, Junior Civil Judge, Alur.

Tuesday, this the 23rdday of April, 2019.

O.S.No.141/2018

Between:

Smt.Shanthamma, W/o Late Eranna @ V.N Dikshit, Aged about 58 years, Hindu, House wife, R/o 5th ward, Ranipet of Hosapeta, Bellary District, Karnataka State. … Plaintif

And

1. Smt.Goturu Gangamma, W/o Goturu Thimmappa, aged about 55 years, Hindu, House Wife, Gulyam Village, Halaharvi Mandal, Kurnool District.

2. Smt.Rathnamma W/o Ramesh, Aged about 50 years, Hindu, House wife Gulyam Village, Halaharvi Mandal, Kurnool District. …Defendants

This is suit is filed by the plaintif against the defendant 1 and 2 for grant of permanent injunction against the defendants 1 and 2 from interfering with peaceful possession and enjoyment of the plaint schedule property and for award of costs of the suit.

Plaint presented on 27-11-2018 and filed on 27-11-2018 and J.V. Rs.10,000/- and

C.F. of Rs. 786/- is paid u/Sec. 26 (c) of APCF and S.V. Act.

Cause of action for the suit arose on 7-5-1958 when the father of the plaintif purchased the schedule property, in the year 2002 when the plaintif clear of the loans raised by her father pertaining to the schedule land; on 13-05-2005 the father of the plaintif died and on 18-10-2018 at 10.00 am, the defendants along with their men tried to take forcible possession, the plaint schedule land situated at Amruthapurm

Village of Halaharvi Mandal.

This suit coming on this day before me for final disposal in the presence of Sri

J.Prahallad Setty, Sri.K.Venkatesh, Sri.B.Lakshmi Kanthi, Sri.R.S.Vali, Sri.C.Praveen

Kumar, Advocates for the plaintif and the defendants D1 and D2 were remained exparte and after hearing both sides , this court doth order and decreed as follows:

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

2. that the defendants be and is hereby restrained by means of permanent injunction from interfering with the peaceful possession and enjoyment of the plaint schedule property;

3. that each party do bear their own costs.

Given under my hand and seal of this Court, this the 23rd day of April, 2019.

Junior Civil Judge, Alur. [

MEMO OF COSTS

Plaintif Defendants

Rs. Ps. Rs. Ps.

1. Stamps on plaint 786-00 -

2. Stamps on vakalath 2-00 -2-

3. Stamps on process 235-00 -

4. Advocate fee Nil - (Not Certified)

5. Typing charges -

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

TOTAL 1,023-00 -2-

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

SCHEDULE

The Land is situated in the Village limits of Amruthapuram, within the Registration district of Kurnool and Sub Registration district of Alur with the following particulars. Survey NumberExtent 108/FAc.3.91 cents Boundaries: East : Land of Somalinga,

West: Land of Pampapathi,

North: Vanka (Stream),

South: Land of Pampapathi,.

Junior Civil Judge, Alur.

Page No.1 of 2

IN THE COURT OF THE JUNIOR CIVIL JUDGE, ALUR.

Present : Sri M.K.V.Achari, Junior Civil Judge, Alur.

Thursday, this the 25th day of April, 2019.

O.S.No.54/2014

Between :

Neravath Parvatha Reddy (Died), Represented by his Legal-heirs:

1.N.Venkata Ramanamma, W/o Late N.Parvatha Reddy, aged about 73 years, Resident of Kothiralla village, Pattikonda Mandal, Kurnool District.

2. N.Durga Reddy, S/o Late N.Parvatha Reddy, aged about 50 years, Hindu, Agriculturist and Business, Resident of Kothiralla Village, Pattikonda Mandal, kurnool District. … Plaintiffs

And

Kammara Kalappa, S/o Kammara Mallaiah, aged about 65 years, Hindu, Agriculturist and Business, Resident of Muthukur Village and Post, Aspari Mandal, Kurnool District. … Defendant

Suit to recover a sum of Rs.86,000/- being the principal and interest due on a registered simple mortgage deed dt.23-03-2004 executed by the defendant in favour of plaintiff for a sum of Rs.25,000/- agreeing to repay the same with interest at 24% p.a, interest is claimed at the contract rate. Inspite of repeated demands and issuance of legal notice 19-04-2014, the defendant fails to pay the amount.

Plaint presented on 21-07-2014 , L.R.P. on 07-08-2014 and filed on 07-08-2014 and J.V. Rs.86,000/- and C.F. Rs.3,106/- is paid u/Sec. 31 of APCF and S.V. Act.

Cause of action for the suit arose at Aspari on 23-03-2014 when defendant borrowed amount and executed registered sample mortgage due and on 19-04-2014, the date of issuance of legal notice and property is situated at Muthukur Village.

Page No.2 of 2

This suit coming on this day before me for final disposal in the presence of

Sri.V.Eranna, Sri.B.Surendra Kumar, Advocates for the plaintiff and of Sri A.Madhava

Krishna, Advocate for the defendant and after hearing both sides, this Court doth order and DECREE:

1. That the suit be and the same is hereby dismissed as not pressed;

2. that each party do bear their own costs.

Given under my hand and seal of this Court, this the 25th day of April, 2019.

Junior Civil Judge, Alur.

MEMO OF COSTS

For Plaintiffs For Defendant

Rs. Ps. Rs. Ps.

1. Stamp on Plaint 3,106-00 -

2. Stamp on vakalath 2-00 2-00

3. Stamp on Process 75-00 -

4. Typing charges -

5. Advocate Fee -Nil-- (not certified)

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

TOTAL 3,183-00 2-00

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

Junior Civil Judge, Alur.

IN THE COURT OF THE JUNIOR CIVIL JUDGE, ALUR.

Present : Sri M.K.V.Achari, Junior Civil Judge, Alur.

Wednesday, this the 24th day of April, 2019.

O.S.No.152/2018

Between :

Khajanna, S/o Narasappa, aged about 43 years, Hindu, Cultivator, R/o Hulebeedu (v), Alur (M), Kurnool District. … Plaintif

And

B.Thammappa, S/o B.Anjinaiah, aged about 56 years,Hindu, Business, R/o Kuruvalli (V), Alur (M), Kurnool District. … Defendant

Suit to recover a sum of Rs.1,31,600/- being the principal and interest due under

A&B marked pronotes dated 10-12-2015 & 11-12-2015 executed by the defendant in in favour of the plaintif for Rs.50,000/-+27,000/- repayable with interest at 24% p.a.

Now interest is claimed at contract rate, as the defendant is not an agriculturist and for costs of the suit.

Plaint presented on 26-11-2018 , L.R.P. on 21-12-2018 and filed on 21-12-2018 and J.V. Rs.85,500+46,150 =1,31,600/- and C.F. Rs.3,106+2,326=5,432/- is paid u/Sec.

20 of APCF and S.V. Act.

Cause of action for the suit arose at Hulebeedu, Alur(M) on 10-12-2015 & 11-12- 2015 when the defendant executed the A&B marked pronotes in favour of the plaintif.

This suit coming on this day before me for final disposal in the presence of Sri

B.Lakshmi Kanth, R.S.Vali, C.Praveen Kumar, Advocates for the plaintif and

Defendant were remained exparte and after hearing plaintif counsel side, this Court doth order and DECREE:

1. That the suit be and the same is hereby dismissed by recording full satisfaction memo filed by the plaintif;

2. that each party do bear their own costs.

Given under my hand and seal of this Court, this the 24th day of April, 2019.

Junior Civil Judge, Alur.

MEMO OF COSTS

For Plaintif For Defendant

Rs. Ps. Rs. Ps.

1. Stamp on Plaint 5,432-00 -

2. Stamp on vakalath 2-00 2-00

3. Stamp on Process 65-00 -

4. Typing charges NIL -

5. Advocate Fee -Nil- -Nil- (Not Certified) (not certified) -----------------

TOTAL 5,499-00 ----------------

Junior Civil Judge, Alur.

IN THE COURT OF THE JUNIOR CIVIL JUDGE, ALUR.

Present : Sri M.K.V.Achari, Junior Civil Judge, Alur.

Wednesday, this the 24th day of April, 2019.

O.S.No.152/2018

Between :

Sri.Khajanna … Plaintif

And

Sri.B.Thammappa … Defendant

This suit is coming on 24-4-2019 before me for final hearing in the presence of

Sri B. Lakshmi Kanth, R.S Vali, C.Praveen Kumar, Advocates for the plaintif and

Defendant were remained exparte and after hearing plaintif counsel and having stood over for consideration till this day, this court delivered the following :-

JUDGMENT

1. This suit is filed by the plaintif against the defendant to recover an amount of

Rs. 1,31,600/- and for costs of the suit.

2. On 10-12-2015, defendant borrowed a sum of Rs.50,000/- from the plaintif for his personal necessities agreeing to repay the same with 24% pa and executed promissory note in favor of plaintif. Again on 11-12-2015, defendant borrowed a sum of Rs.27,000/- for his family necessities from the plaintif agreeing to repay with interest at the rate of 24% pa and executed promissory note.

3.Defendant did not file written statement and set exparte to the suit proceedings.

4.Full satisfaction memo filed by the plaintif. Hence, the same is recorded and suit is dismissed without costs.

In the result, the suit is dismissed without costs by recording full satisfaction memo filed by the plaintif.

Dictated to the Stenographer, transcribed by hem, corrected and pronounced

by me in the open Court this the 24th day of April, 2019.

JUNIOR CIVIL JUDGE,

ALUR.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For plaintif :NIL For defendant : NIL

EXHIBITS MARKED

For Plaintif :NIL

For Defendant :-Nil-

JUNIOR CIVIL JUDGE,

ALUR.