Sri.Mude Srinivasulu Naik

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL

JUDGE :: PUTTUR.

Present:- Sri M. Srinivasulu Naik.,

Principal Junior Civil Judge, Puttur.

Friday, the Twenty Eighth (28th ) day of March, Two Thousand Fourteen.

O. S. No. 58 of 2013

Between: M. Shanmugam

..Plaintiff.

And

S. Jayasekhar Raju

..Defendant.

This suit coming on this the 18-3-2014 before me for final hearing and disposal in the presence of Sri.

S.Laxmipathy, Advocate for plaintiff and of Sri E. Mohan

Naidu, Advocate for defendant and after having been heard and stood over for consideration, till this day the court delivered the following:

J U D G M E N T

This is a suit filed by the plaintiff for recovery of amount of

Rs. 92,844/-with interest and subsequent interest from the defendant.

2.The brief averments of the plaint are as follows:

The plaintiff submits that the defendant borrowed a sum of Rs.

54,000/- from the plaintiff on 15-3-2010 and executed demand promissory note, agreeing to repay the same with interest @ 24% p.a.

Latter in spite of repeated demands, the defendant has not discharged the pronote amount and he postponed the same. Further he submits that he has no property and he is not in a position to pay the court fee in the court and accordingly the Mandal Legal service ….Contd //2// authorities granted a certificate on 6-3-2013 stating that the plaintiff is entitled for exemption for payment of court fee under the suit amount. Latter the Mandal Legal Service authorities appointed an

Advocate to file the suit Hence this suit.

3. The brief averments of the written statement filed by the defendant are as follows:

He denied all the allegations made in the plaint and he submits that the defendant is having agricultural lands in his village and personally cultivating the said lands. Except agricultural income the defendant has no other source of income and the defendant is not doing any business as pleaded by the plaintiff, due to enmity in between the plaintiff and the defendant the plaintiff created the suit promissory note and filed the suit in order to harass this defendant Therefore, he prays to dismiss the suit with cost.

4. Upon on the above pleadings, the following issues are settled for trial: 1).Whether the plaintiff is entitled to recover suit amount from the defendant as prayed for?

2). To what relief?

5.To prove the case of the plaintiff, on behalf of the plaintiff PW1 and 2 were examined and got marked ExA1 to A3.

On behalf of the defendant no witness was examined and no documents were marked on behalf of the defendant.

6. Heard both sides.

7.ISSUE No.1:- It is the contention of the plaintiff is that the defendant borrowed an amount of Rs. 54,000/- from the plaintiff on 15-3-2010 for his family necessities and executed the suit ..Contd //3// promissory note, agreeing to repay the same with interest at 24% p.a

8. To prove the contention of the plaintiff on behalf of the plaintiff, himself examined as PW1 and entire contents of his chief affidavit are replica of plaint averments and during the cross-examination of Pw1 by the defendant counsel nothing is elicited to disprove and discard the evidence of PW1 except suggestions to that effect that the defendant never borrowed any amount under Ex.A1 and he never executed Ex. A1 in favour of the plaintiff and Ex. A1 is created one with the help of friends of PW1 and attestors but the witness PW1 denied the said suggestions.

9. On perusal of the oral evidence of PW1 when compared with Ex. A1 suit promissory note the defendant borrowed Rs.

54,000/- on 15-3-2010, agreeing to repay the same with interest at 24% p.a and latter the defendant failed to discharge the Ex.A1 amount. As per Ex.A1 the defendant borrowed Ex. A1 amount in the presence of attestors namely Nagaraju, Govinda Swamy and one Raju scribed Ex. A1 . PW2 V.S. Nagaraju who is attestor of

Ex. A1 he also clearly deposed that on 15-3-2010 the defendant borrowed Rs. 54,000/- and executed Ex.A1. So the Ex. A1 contents and the evidence of PW2 are clearly shows that the defendant borrowed Ex. A1 amount, agreeing to repay the same with interest at 24% p.a On perusal of written statement the defendant no where the defendant stated that the suit promissory note is created one with the help of attestors and scribe when there is no any pleadings mere denial of execution of Ex.A1 it cannot helpful to the defendant. Further there is no rebuttal evidence on behalf of the defendant to show that the plaintiff obtained Ex.A1 by forgering the signature of the defendant. In the absence of rebuttal evidence, the evidence of

PW1 and 2 and Ex. A1 is sufficient that the plaintiff proved his case Accordingly this issue is answered in favour of the plaintiff.

..Contd //4// ..

10. In the result, the suit is decreed with costs for

Rs. 92,844/- with subsequent interest at the rate of 12% p.a. from the date of suit till the date of decree on

principal amount of Rs. 54,000/- and thereafter at 6% p.a.

till realization.

Dictated to the personal assistant, transcribed by

him, corrected and pronounced by me in the open court this the 28th day of March, 2014.

Principal Junior Civil Judge,

Puttur.

APPENDIX OF EVIDENCE.

Witnesses examined on behalf of:

PLAINTIFF:DEFENDANT:

PW1: M. Shanmugam -None- PW2: V.S. Nagaraju Exhibits marked on behalf of:

PLAINTIFF:

Ex.A1: Promissory note dt. 15-3-2010 Ex. A2: Office copy of legal notice dt. 13-2-2013 Ex. A3: Postal acknowledgment.

DEFENDANT:- Nil

Principal Junior Civil Judge,

Puttur.

//True copy//

Principal Junior Civil Judge,

Puttur.

Sd/-M.Srinivasulu Naik

Sd/-M.Srinivasulu Naik

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE::

PUTTUR:

Present: - Sri M. Srinivasulu Naik.

Principal Junior Civil Judge, Puttur.

Thursday, the Thirteenth (13th ) day of March, Two thousand Fourteen

O.S. No. 19 of 2014

Between:

R. Vijaya ...Plaintiff.

And

1. P. Padmavathamma

2. P. Krishnaveni

3. P.Narayanamma

4. P. Narendra

5. P. Ravi

6. P. Geetha

7. P. Viswandham

8. P. Dasarada

..Defendants.

This suit coming on this day before me for final hearing and disposal in the presence of Sri K. Purushotham , Advocate for plaintiff and the defendants remained exparte and the defendant called absent and after having stood over for consideration, this court delivered the following:

J U D G M E N T

Suit for division of the plaint schedule properties into six equal shares by taking into consideration of good and bad qualities and meets and bounds and to allot one such share to the plaintiff and put her in separate possession of her share if necessary through process of court and for costs.

Plaintiff’s affidavit filed. Perused the contents of affidavit and also documents filed by the plaintiff. On a careful perusal of the documents, it clinchingly shows that the plaintiff is in possession over the suit schedule property.

On the other hand, the defendants did not choose to file written statement and did not choose to cross-examine PW1 as such the evidence of PW1 is un-rebutted one. Therefore, I am inclined to believe the evidence of PW1 as cogent and trustworthy. Ex.A1 to A3 proves the case of the plaintiff.

In the result, the suit of the plaintiff is preliminary decreed with costs as prayed for. The suit properties are divided into six equal shares and allotted one such share to the plaintiff by taking into good and bad into consideration and put separate possession of the same.

Typed to my dictation by Personal Assistant, corrected and

pronounced by me in open court, this the 13th day March,

2014.

Sd/-M. Srinivasulu Naik

Principal Junior Civil Judge,

Puttur.

APPENDIX OF EVIDENCE

Witnesses examined for Plaintif:- Defendants:-

PW-1 : R.Vijaya -Exparte-

Exhibits marked for plaintif :-

Ex-A1: IB Namuna Ex. A2: IB Namuna Ex. A3: IB Namuna .

Sd/-M. Srinivasulu Naik

Prl. J.C.J. Puttur.

//True copy//

Principal Junior Civil Judge,

Puttur

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE:

PUTTUR

Present:- Sri M. Srinivasulu Naik.

Principal Junior Civil Judge. Puttur

Friday the Seventh (7th ) day of March, Two thousand Fourteen.

O.S. No. 67/2009

Between:

R.K. Gajendra Palani @ Palani

...Plaintif

And

1. N. Rama Achari (died)

2. Anu Radha

3. Rathnam ( Minor)

4. Dharani (Minor)

5. Sujatha (Minor) (Defendants 2 to 5 are LRs of the defendant No.1 as per order in IA No. 1350/2011 Dt.9-7-12)

. .. Defendants

This suit coming on this day before me for final hearing and disposal in the presence of Sri K. Chandra Sekhar and Sri D. Varadarajulu, Advocates for plaintiff and the defendant remained exparte and after having stood over for consideration, this court delivered the following:

J U D G M E N T

Suit for recovery of Rs. 32,712/- being the principal and interest due on a pronote dt. 27-12-2006 executed by defendant in favour of one V.K. Murali for Rs. 25,000/- repayable with interest at 24% p.a. and for costs.

Plaintiff’s affidavit filed. Exs.A1 and A2 are marked.

Perused the evidence of PW1 clubbed with Exs.A1 and A2. I hold that plaintiff proved the suit claim. On the other hand, the evidence of PW1 is un-rebutted one. I am inclined to accept the evidence of PW1 as cogent and trustworthy.

In the result, the suit of the plaintiff is decreed with costs for Rs. 32,712/- with future interest at 12% per annum from the date of ..Contd //2// suit till the date of decree and with interest at 6% p.a from the date of decree till the date of realization on Rs. 25,000/-.

Typed to my dictation by Personal Assistant, corrected and pronounced by me in open court, this the 7th day of March, 2014

Principal Junior Civil Judge,

Puttur

APPENDIX OF EVIDENCE

Witnesses examined for Plaintif:- Defendant:- PW-1: R.K. Gajendra Palani @ Palani -Exparte-

Exhibits marked for plaintif :-

Ex-A1: Pronote dt. 27-12-2006 Ex. A2: Office copy of legal notice dt. 8-9-2008

Prl. JCJ, Puttur.

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE:

PUTTUR

Present:- Sri M. Srinivasulu Naik.

Principal Junior Civil Judge. Puttur

Tuesday the Eleventh (11th ) day of March, Two thousand Fourteen

O.S. No. 61/2013

Between: R. Mariyappan

...Plaintif

And

S.N. Janardhan . .. Defendant

This suit coming on this day before me for final hearing and disposal in the presence of Sri K. Purushotham, Advocate for plaintiff and the defendant remained exparte and after having stood over for consideration, this court delivered the following:

J U D G M E N T

Suit for recovery of Rs. 80,250/- being the principal and interest due on a pronote dt. 29-8-2010 executed by the defendant in favour of plaintiff for Rs. 50,000/- repayable with interest at 24% p.a. and for costs.

Plaintiff’s affidavit filed. Ex.A1 marked. Perused the evidence of PW1 clubbed with Ex.A1. I hold that plaintiff proved the suit claim. On the other hand, the evidence of

PW1 is un-rebutted one. I am inclined to accept the evidence of PW1 as cogent and trustworthy.

In the result, the suit of the plaintiff is decreed with costs for Rs. 80,250/- with future interest at 12% per annum from the date of suit till the date of decree and with interest at 6% per annum from the date of decree till the date of realization on Rs 50,000/-.

Typed to my dictation by Personal Assistant, corrected and pronounced by me in open court, this the 11th day of March, 2014.

Sd/-M.Srinivasulu Naik

Principal Junior Civil Judge,

Puttur

APPENDIX OF EVIDENCE

Witnesses examined for Plaintif:- Defendant:- PW-1: R. Mariyappan -Exparte-

Exhibits marked for plaintif :-

Ex.A1: Promissory Note dt. 29-8-2010.

Sd/-M.Srinivasulu Naik

Prl. JCJ, Puttur. //True copy//

Principal Junior Civil Judge,

Puttur

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE, PUTTUR.

Present: Sri M. Srinivasulu Naik, B.L.,

Principal Junior Civil Judge, Puttur..

Thursday, the Twentieth (20th ) day of March, Two thousand Fourteen..

O.S.. No. 9/2014

Between: M/s. Shriram Chits pvt., Ltd., Puttur, rep. by its Manager/Foreman

.. Plaintiff

And:

1. T. Sorakayalu

2. N. Shanmugam

3. E. Arumugam

4. K. vijaya Kumar

.. Defendant

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

Sri A. Shiva Prasad, Advocate for the Plaintiff and as the plaintiff called absent and no representation, this court made the following:

JUDGMENT

Suit for recovery of Rs. 10,725/- being the principal and interest due on a pronote dt. 13-8-2010 executed by the defendant in favour of plaintiff chit fund company for Rs,. 8,000/- repayable with interest at 24% p.a. and for costs.

The Plaintiff called absent and his counsel absent no representation .Hence this suit is dismissed for default as no representation.

Pronounced by me in the open court, this the 20th day of March,

2014.

Principal Junior Civil Judge,

Puttur.

APPENDIX OF EVIDENCE.

- N I L -

Prl. J. C. J, Puttur.