Sri.Nuthikattu Sreenivas Rao

1

IN THE COURT OF THE IX ADDITIONAL DISTRICT JUDGE:

KOVVUR.

Present: Dr N. Sreenivasa Rao,

IX Additional District Judge, Kovvur.

Monday, this the 15th day of July, 2024

O.S.No.15/2023

Between:- Sri Yaramati Venkateswara Rao, S/o Sri Hari, 61 years, Business, Hindu, Resident of D.No.4-151, Dubacharla Village, Nallajerla Mandal, TPG SCJC. …. Plaintiff

And

Sri Bolla Nageswara Rao, S/o Arjunudu, 79 years, Hindu, Cultivation, Resident of D.No.1-106/1, Rachuru Village, Unguturu Mandal, TPG SCJC. Presently at Utlagudem Village, Nandigudem Post, Gopalapuram Mandal, EGPL. ,… Defendant

This suit came before me for final hearing in the presence of Sri P.V.V.Satyanarayana, thelearned Advocate for Plaintiff and the defendant is remained ex-parte and the matter having stood over for consideration, till this day, this court delivered the following:

J U D G M E N T

The plaintiff filed this suit for the relief of Specific Performance of

Agreement of sale dt. 03.06.2021, costs and otherwise alternative reliefs as prayed for.

2. The averments of the Plaint are in short as follows: The suit filed by the plaintiff, seeking the relief of Specific Performance of the sale agreement dt.03-06- 2021 said to have been executed by the defendant in favour of the plaintiff by agreeing to sell the plaint schedule property to the plaintiff and subsequently paid 2 under endorsement dt.05-06-2021, by acknowledging the receipt of part payment out of balance of sale consideration. However, the defendant failed to come forward to perform his part of contract or in alternative for refund of received advance part payment amount out of sale consideration along with interest at 18% p.a. The plaint schedule property situated at Parimpudi Village, Koyyalagudem

Mandal which is within the limits of the Hon’ble Court.

It is further averred that the defendant represented with the plaintiff that the plaint schedule property have been the self acquired and absolute property of the defendant and the same was purchased by the defendant through the registered sale deed dt.28-02-2013 vide document No.1005 of 2013 of SRO, Jangareddigudem

Village, got possession of the same. Further, his name also mutated in revenue record and he got pattadar pass book with regard to that the same and the defendant got absolute rights over the plaint schedule property. The defendant for his family expenses proposed to sell the plaint schedule property and that the plaintiff come forward to purchase the same and upon the bargain it was settled on 25-05-2021 for Rs.63,42,000/- towards sale consideration and he received advance amount of Rs.1,00,000/- in cash from the plaintiff on that day of settlement of bargain. Further, on 01-06-2021 the plaintiff also paid an amount of

Rs.15,00,000/-, out of the sale consideration through online account transfer to the defendant in Union Bank of India, Koyyalagudem branch account

No.082410100196951, through the account of V.Veera Kumari’s Bank of India,

Dubacharla Branch Account No.866810100003893 and the same was received by the defendant. As such the defendant received above cash amount as well as online transfer of amount in total of Rs.16,00,000/- from the plaintiff out of the sale consideration and accordingly the defendant executed the sale agreement dt,03-06-2021 in favour of the plaintiff, by agreeing to sell the plaint schedule 3 property to the plaintiff.

It is further averred that as per the terms and conditions of the sale agreement the plaintiff have to pay the balance sale consideration of Rs.47,42,000/- to the defendant within 5 months time i.e., on or before 20-10-2021 and by receiving the said balance of sale consideration from the plaintiff, the defendant have to come forward to perform his part of contract, by producing original title deeds for the schedule property, to execute the regular sale deed for the plaint schedule property in favour of the plaintiff or his nominees, either in single document or multiple documents, but the time is not the essence of the said contract of sale agreement.

It is further averred that the plaintiff always ready and willing to perform his part of contract, to pay the balance of sale consideration to the defendant and to get the regular sale deed for the plaint schedule property from the defendant as per the terms and conditions of the sale agreement, but the defendant represented that the original title documents for the plaint schedule property which are much essential to execute the regular sale deed for the plaint schedule were not available with the defendant. As such on 05-06-2021 the plaintiff paid an amount of

Rs.10,00,000/- to the defendant, out of the sale consideration and by receiving the same, the defendant executed the part payment endorsement on below of above sale agreement by acknowledging the receipt said amount from plaintiff. Further, the defendant also endorsed that as the original title documents for plaint schedule property were not available, the defendant agreed to perform his part of contract, execute the regular sale deed for the plaint schedule property in favour of the plaintiff by receiving the balance of sale consideration from the plaintiff, without any time limit.

4

It is further averred that the defendant prolonged the same for one pretext or other and failed to perform his part of contract. So the plaintiff got issued a demand notice dt.30-05-2023 through his advocate, demanding the defendant to come forward to perform his part of contract to execute the regular sale deed for the plaint schedule property in favour of the plaintiff or his nominee, by receiving the balance of sale consideration from the plaintiff. The defendant received the said notice, but he failed to come forward to perform his part of contract and kept quiet.

Hence, this Suit is filed with the above noted prayer.

3.On process this court issued summons to defendant and the defendant failed to appear before this court and he remained ex-parte. Later the plaintiff filed his chief examination affidavit in lieu of his examination in chief and the same is taken on file as his evidence in chief of PW1 on oath and he had testified with his pleadings and he got marked Exs.A.1 to A5. Further, he also got examined PWs2 to 4 in support of the suit claim.

4. Heard the learned counsel for plaintiff. This court had carefully gone through the pleadings, the oral, documentary evidence on record and considered the same.

5. The point for determination is: Whether the plaintiff is entitled for suit claim as prayed for?

6. Point Answered: As noted above during plaintiff side evidence, the plaintiff filed affidavit under Order XVIII Rule 4 CPC and the contents of such affidavit were found to be similar to the contents of the averments of the plaint and therefore the same are not restated.Further the PW2 who is the scribe of Ex. A1 5 agreement of sale, PW3 who is the scribe of ExA.2 Part Payment Endorsement,

PW4 who is the 2nd attester of Ex.A.2 Part Payment Endorsement is also supported version of PW1 in all material aspects. On careful perusal of the Ex. A1 to ExA.5 documents marked on behalf of the plaintiff, it is clear that the same are fully corroborate the oral testimony of the P.W.1 to PW4. On the other hand, the defendant is failed to appear before this court and he remained ex-parte.

7. Further on considering the evidence of PW1 to PW4 coupled with Ex. A1 to Ex.

A5, the Ex. A1 is the Agreement of sale dt.03.06.2021 and it would be evident that on 03-06-2021 the plaintiff entered into agreement with the defendant to purchase the suit schedule property for an amount of Rs.63,42,000/- and on 25-05-2021 an amount of Rs.1,00,000/- and thereafter, on 01-06-2021 paid an amount of

Rs.15,00,000/- and got executed Ex.A.1 on 03-06-2021. Further, the Ex.A.2 Part

Payment Endorsement recitals shows that on 05-06-2021 the plaintiff paid an aunt of Rs.10,00,000/- to the defendant and obtained endorsement under Ex.A.2 in the presence of P.W.3, P.W.4. Further, according to the plaintiff though he is ready and willing to perform his part of the contract, as the defendant did not come forward, he got issued Ex. A3 Legal notice dt.30-05-2023 to the defendant and the defendant received Ex.A.3 legal notice under Ex.A.4 Postal Acknowledgment, but the defendant is kept quiet. Further, to prove that the plaintiff sent an amount of

Rs.15,00,000/- to the defendant through the bank account of V.Veera Kumari the plaintiff got marked the Ex.A.5 Bank Account Statement from 03-05-2021 to 05- 05-2024 relating to the said V.Veera Kumari. In the instant suit, the plaintiff filed the Original Agreement of sale deed dt.03.06.2021 which is marked under Ex. A1 and the same is fortifies that the defendant is executed the same in favour of the plaintiff on receipt of sale consideration of Rs.16,00,000/- and it further shows that the plaintiff paid an amount of Rs.15,00,000/- through online. Furthermore, 6 when the defendant did not come forward to execute the regular sale deed, the plaintiff got issued Ex.A.3 Legal Notice and the same is received by the defendant under Ex.A.4. Thus, in view of the un-challenged evidence of PW.1 to

PW4, the defendant is liable to execute the sale deed in terms of Agreement of sale and the plaintiff is entitled for the relief of specific performance. Therefore, it is a fit case where the defendant can be directed to execute a sale deed in respect of the suit schedule property on receipt of balance amount of Rs.37,42,000/- at the expenses of the plaintiff and thus, the plaintiff is entitled for the suit claim against defendant.

8. In the result, the suit is decreed with costs directing the defendantto execute a Registered sale deed in favour of the plaintiff in terms of the agreement of sale dt.03.06.2021 in respect of the suit schedule property on receipt of balance of sale consideration of Rs.37,42,000/- within a period of three (3) months from the date of this judgment. The plaintiff should pay balance sale consideration of Rs.37,42,000/- to the defendant on or before the stipulated period of three (3) months and on receipt of such amount, the defendant shall execute the registered sale deed lest the plaintiff is at liberty to execute the decree in the manner known to law. Office is directed to prepare decree subject to payment of balance court fee if any.

Dictated to the Personal Assistant, directly typed by her in computer, corrected

and pronounced by me in open Court this the 15 th day of July, 2024.

Sd/- Dr.N.Sreenivasa Rao,

IX Additional District Judge Kovvur.

Appendix Of Evidence Witnesses Examined For Plaintiff : For Defendant:

PW1:Yaramati Venkateswara Rao.

7

PW2:Akula Narayana Rao. -None - PW3:Nekkanti Harichandra Prasad. PW4:Vytla Satyanarayana.

Documents Marked

For Plaintiff: -

Ex.A1 :Agreement of sale deed dt.03-06-2021. Ex.A2:Part Payment Endorsement dated 05-06-2021 for Rs.10,00,000/- upon the 3rd page of agreement of sale. Ex.A3:Office Copy of the legal notice dated 30.05.2023. Ex.A4:Postal Acknowledgment. Ex.A5:Bank Account Statement of V.Veera Kumari issued by Bank of India, Dubacherla Branch from 03-05-2021 to 05-05-2024 is marked.

For Defendant: Nil Id/-Dr.N.S.R

IX ADJ

Kovvur

1

IN THE COURT OF THE IX ADDITIONAL DISTRICT JUDGE:

KOVVUR.

Present: Dr N. Sreenivasa Rao,

IX Additional District Judge, Kovvur.

Monday, this the 15th day of July, 2024

O.S.No.15/2023

Between:- Sri Yaramati Venkateswara Rao, S/o Sri Hari, 61 years, Business, Hindu, Resident of D.No.4-151, Dubacharla Village, Nallajerla Mandal, TPG SCJC. …. Plaintiff

And

Sri Bolla Nageswara Rao, S/o Arjunudu, 79 years, Hindu, Cultivation, Resident of D.No.1-106/1, Rachuru Village, Unguturu Mandal, TPG SCJC. Presently at Utlagudem Village, Nandigudem Post, Gopalapuram Mandal, EGPL. ,… Defendant

This suit came before me for final hearing in the presence of Sri P.V.V.Satyanarayana, thelearned Advocate for Plaintiff and the defendant is remained ex-parte and the matter having stood over for consideration, till this day, this court delivered the following:

J U D G M E N T

The plaintiff filed this suit for the relief of Specific Performance of

Agreement of sale dt. 03.06.2021, costs and otherwise alternative reliefs as prayed for.

2. The averments of the Plaint are in short as follows: The suit filed by the plaintiff, seeking the relief of Specific Performance of the sale agreement dt.03-06- 2021 said to have been executed by the defendant in favour of the plaintiff by agreeing to sell the plaint schedule property to the plaintiff and subsequently paid 2 under endorsement dt.05-06-2021, by acknowledging the receipt of part payment out of balance of sale consideration. However, the defendant failed to come forward to perform his part of contract or in alternative for refund of received advance part payment amount out of sale consideration along with interest at 18% p.a. The plaint schedule property situated at Parimpudi Village, Koyyalagudem

Mandal which is within the limits of the Hon’ble Court.

It is further averred that the defendant represented with the plaintiff that the plaint schedule property have been the self acquired and absolute property of the defendant and the same was purchased by the defendant through the registered sale deed dt.28-02-2013 vide document No.1005 of 2013 of SRO, Jangareddigudem

Village, got possession of the same. Further, his name also mutated in revenue record and he got pattadar pass book with regard to that the same and the defendant got absolute rights over the plaint schedule property. The defendant for his family expenses proposed to sell the plaint schedule property and that the plaintiff come forward to purchase the same and upon the bargain it was settled on 25-05-2021 for Rs.63,42,000/- towards sale consideration and he received advance amount of Rs.1,00,000/- in cash from the plaintiff on that day of settlement of bargain. Further, on 01-06-2021 the plaintiff also paid an amount of

Rs.15,00,000/-, out of the sale consideration through online account transfer to the defendant in Union Bank of India, Koyyalagudem branch account

No.082410100196951, through the account of V.Veera Kumari’s Bank of India,

Dubacharla Branch Account No.866810100003893 and the same was received by the defendant. As such the defendant received above cash amount as well as online transfer of amount in total of Rs.16,00,000/- from the plaintiff out of the sale consideration and accordingly the defendant executed the sale agreement dt,03-06-2021 in favour of the plaintiff, by agreeing to sell the plaint schedule 3 property to the plaintiff.

It is further averred that as per the terms and conditions of the sale agreement the plaintiff have to pay the balance sale consideration of Rs.47,42,000/- to the defendant within 5 months time i.e., on or before 20-10-2021 and by receiving the said balance of sale consideration from the plaintiff, the defendant have to come forward to perform his part of contract, by producing original title deeds for the schedule property, to execute the regular sale deed for the plaint schedule property in favour of the plaintiff or his nominees, either in single document or multiple documents, but the time is not the essence of the said contract of sale agreement.

It is further averred that the plaintiff always ready and willing to perform his part of contract, to pay the balance of sale consideration to the defendant and to get the regular sale deed for the plaint schedule property from the defendant as per the terms and conditions of the sale agreement, but the defendant represented that the original title documents for the plaint schedule property which are much essential to execute the regular sale deed for the plaint schedule were not available with the defendant. As such on 05-06-2021 the plaintiff paid an amount of

Rs.10,00,000/- to the defendant, out of the sale consideration and by receiving the same, the defendant executed the part payment endorsement on below of above sale agreement by acknowledging the receipt said amount from plaintiff. Further, the defendant also endorsed that as the original title documents for plaint schedule property were not available, the defendant agreed to perform his part of contract, execute the regular sale deed for the plaint schedule property in favour of the plaintiff by receiving the balance of sale consideration from the plaintiff, without any time limit.

4

It is further averred that the defendant prolonged the same for one pretext or other and failed to perform his part of contract. So the plaintiff got issued a demand notice dt.30-05-2023 through his advocate, demanding the defendant to come forward to perform his part of contract to execute the regular sale deed for the plaint schedule property in favour of the plaintiff or his nominee, by receiving the balance of sale consideration from the plaintiff. The defendant received the said notice, but he failed to come forward to perform his part of contract and kept quiet.

Hence, this Suit is filed with the above noted prayer.

3.On process this court issued summons to defendant and the defendant failed to appear before this court and he remained ex-parte. Later the plaintiff filed his chief examination affidavit in lieu of his examination in chief and the same is taken on file as his evidence in chief of PW1 on oath and he had testified with his pleadings and he got marked Exs.A.1 to A5. Further, he also got examined PWs2 to 4 in support of the suit claim.

4. Heard the learned counsel for plaintiff. This court had carefully gone through the pleadings, the oral, documentary evidence on record and considered the same.

5. The point for determination is: Whether the plaintiff is entitled for suit claim as prayed for?

6. Point Answered: As noted above during plaintiff side evidence, the plaintiff filed affidavit under Order XVIII Rule 4 CPC and the contents of such affidavit were found to be similar to the contents of the averments of the plaint and therefore the same are not restated.Further the PW2 who is the scribe of Ex. A1 5 agreement of sale, PW3 who is the scribe of ExA.2 Part Payment Endorsement,

PW4 who is the 2nd attester of Ex.A.2 Part Payment Endorsement is also supported version of PW1 in all material aspects. On careful perusal of the Ex. A1 to ExA.5 documents marked on behalf of the plaintiff, it is clear that the same are fully corroborate the oral testimony of the P.W.1 to PW4. On the other hand, the defendant is failed to appear before this court and he remained ex-parte.

7. Further on considering the evidence of PW1 to PW4 coupled with Ex. A1 to Ex.

A5, the Ex. A1 is the Agreement of sale dt.03.06.2021 and it would be evident that on 03-06-2021 the plaintiff entered into agreement with the defendant to purchase the suit schedule property for an amount of Rs.63,42,000/- and on 25-05-2021 an amount of Rs.1,00,000/- and thereafter, on 01-06-2021 paid an amount of

Rs.15,00,000/- and got executed Ex.A.1 on 03-06-2021. Further, the Ex.A.2 Part

Payment Endorsement recitals shows that on 05-06-2021 the plaintiff paid an aunt of Rs.10,00,000/- to the defendant and obtained endorsement under Ex.A.2 in the presence of P.W.3, P.W.4. Further, according to the plaintiff though he is ready and willing to perform his part of the contract, as the defendant did not come forward, he got issued Ex. A3 Legal notice dt.30-05-2023 to the defendant and the defendant received Ex.A.3 legal notice under Ex.A.4 Postal Acknowledgment, but the defendant is kept quiet. Further, to prove that the plaintiff sent an amount of

Rs.15,00,000/- to the defendant through the bank account of V.Veera Kumari the plaintiff got marked the Ex.A.5 Bank Account Statement from 03-05-2021 to 05- 05-2024 relating to the said V.Veera Kumari. In the instant suit, the plaintiff filed the Original Agreement of sale deed dt.03.06.2021 which is marked under Ex. A1 and the same is fortifies that the defendant is executed the same in favour of the plaintiff on receipt of sale consideration of Rs.16,00,000/- and it further shows that the plaintiff paid an amount of Rs.15,00,000/- through online. Furthermore, 6 when the defendant did not come forward to execute the regular sale deed, the plaintiff got issued Ex.A.3 Legal Notice and the same is received by the defendant under Ex.A.4. Thus, in view of the un-challenged evidence of PW.1 to

PW4, the defendant is liable to execute the sale deed in terms of Agreement of sale and the plaintiff is entitled for the relief of specific performance. Therefore, it is a fit case where the defendant can be directed to execute a sale deed in respect of the suit schedule property on receipt of balance amount of Rs.37,42,000/- at the expenses of the plaintiff and thus, the plaintiff is entitled for the suit claim against defendant.

8. In the result, the suit is decreed with costs directing the defendantto execute a Registered sale deed in favour of the plaintiff in terms of the agreement of sale dt.03.06.2021 in respect of the suit schedule property on receipt of balance of sale consideration of Rs.37,42,000/- within a period of three (3) months from the date of this judgment. The plaintiff should pay balance sale consideration of Rs.37,42,000/- to the defendant on or before the stipulated period of three (3) months and on receipt of such amount, the defendant shall execute the registered sale deed lest the plaintiff is at liberty to execute the decree in the manner known to law. Office is directed to prepare decree subject to payment of balance court fee if any.

Dictated to the Personal Assistant, directly typed by her in computer, corrected

and pronounced by me in open Court this the 15 th day of July, 2024.

Sd/- Dr.N.Sreenivasa Rao,

IX Additional District Judge Kovvur.

Appendix Of Evidence Witnesses Examined For Plaintiff : For Defendant:

PW1:Yaramati Venkateswara Rao.

7

PW2:Akula Narayana Rao. -None - PW3:Nekkanti Harichandra Prasad. PW4:Vytla Satyanarayana.

Documents Marked

For Plaintiff: -

Ex.A1 :Agreement of sale deed dt.03-06-2021. Ex.A2:Part Payment Endorsement dated 05-06-2021 for Rs.10,00,000/- upon the 3rd page of agreement of sale. Ex.A3:Office Copy of the legal notice dated 30.05.2023. Ex.A4:Postal Acknowledgment. Ex.A5:Bank Account Statement of V.Veera Kumari issued by Bank of India, Dubacherla Branch from 03-05-2021 to 05-05-2024 is marked.

For Defendant: Nil Id/-Dr.N.S.R

IX ADJ

Kovvur

IN THE COURT OF THE IX ADDL. DISTRICT JUDGE :: WEST

GODAVARI, KOVVUR.

Present: Dr. N.SREENIVASA RAO IX Addl. District Judge, W.G, Kovvur.

Tuesday, this the 9th day of July, 2024

A.S. No. 31/2018

Between :

Polumati Mangaraju, S/o. Patiyya, 58 years, Male, Cultivation, D.No. 3-69, R/o. Lakshmipuram village, Devarapalli mandal, W.G.Dt.

… Appellant /Plaintiff

And

1.Paka Patemma, W/o.Ganiyya, 62 years, Female, Coolie, Kothapeta, R/o.D.No.3- 79, Lakshmipuram village, Devarapalli mandal, W.G.Dt.

2.Deyyala Venkata Rao, S/o Ganiyya, 42 years, Male, Cultivation, R/o. D.No.3-79, Lakshmipuram village, Devarapalli mandal, W.G.Dt.

3.Deyyala Ratnakumari @ Ratnam, W/o.Venkata Rao, 34 years, Female, Housewife, R/o.D.No. Lakshmipuram village, Devarapalli mandal, W.G.Dt.

4.Paka Yesobu, S/o. Ganiyya, 42 years, Male, Cultivation, R/o. D.No.3-79, Lakshmipuram village, Devarapalli mandal, W.G.Dt.

5.Paka Abraham, s/o. Ganiyya, 39 years, Male, Cultivation, R/o. D.No.3-79, Lakshmipuram village, Devarapalli mandal, W.G.Dt.

...Respondents/Defendants

This Appeal filed against the Decree and Judgment dated 03.01.2018 passed in O.S. No.207/2015 on the file of Prl. Junior Civil Judge’s Court, Kovvur and made.

Between:

Polumati Mangaraju … Plaintiff

And

1.Paka Patemma 2.Deyyala Venkata Rao 3.Deyyala Ratnakumari @ Ratnam 4.Paka Yesobu

5.Paka Abraham ... Defendants

This Appeal Suit is filed by the Appellant/Plaintiff Under Sec.96 of CPC r/w sec.151 of CPC against the decree and Judgment dated 03.01.2018 passed in O.S. No.207/2015 on the file of Prl. Junior Civil Judge’s Court, Kovvur by allowing the appeal with costs as prayed for.

This appeal suit is coming on this day for hearing before me in the presence of Sri K. Venkata Ramana, learned Advocate for the Appellant/Plaintiff, Sri A.Venkata Rao, learned Advocate for Respondents/Defendants and upon perusal of record and having stood over for consideration till this day, this court delivered the following:

JUDGMENT

Appellant called absent. No representation. Sole appellant died and no steps were taken in spite of conditional order and even on costs. Hence this appeal is dismissed as it is abated.

Pronounced by me in open court, this the 9 th day of July, 2024.

Sd/-N.Sreenivasa Rao

IX Addl. District Judge, Kovvur. Copy to: The learned Prl. Civil Judge’s(Junior Division) Court, Kovvur

IN THE COURT OF THE IX ADDL. DISTRICT JUDGE :: WEST

GODAVARI, KOVVUR.

Present: Dr. N.SREENIVASA RAO IX Addl. District Judge, W.G, Kovvur.

Friday, this the 5th day of July, 2024

A.S. No. 12/2015

Between :

Shaik Khadarunnisa, W/o. Shaik Jani Miya, Female, 27 years, Properties and Housewife, D.No.4-142, Yadavole, Devarapalli mandal, W.G.Dt.

… Appellant /Plaintiff

And

Shaik Gousia, W/o. Shaik Vali, Female, 29 years, Properties & Housewife, D.No. 4-142, Yadavole, Devarapalli mandal, W.G.Dt.

...Respondent/Defendant

This Appeal filed against the Decree and Judgment dated 21.11.2014 passed in O.S. No.172/2012 on the file of Prl. Junior Civil Judge’s Court, Kovvur and made.

Between:

Shaik Khadarunnisa … Plaintiff

And

Shaik Gousia

... Defendant

This Appeal Suit is filed by the Appellant/Plaintiff Under Order 41 Rule 1 of CPC against the decree and Judgment dated 21.11.2014 passed in O.S. No.172/2012 on the file of Prl. Junior Civil Judge’s Court, Kovvur by allowing the appeal with costs as prayed for.

/2/

This appeal suit is coming on this day for hearing before me in the presence of Sri K.Hari Mohan, learned Advocate for the Appellant/Plaintiff, Sri D.Tata Rao, learned Advocate for Respondent/Defendant and upon perusal of not press memo and having stood over for consideration till this day, this court delivered the following:

JUDGMENT

Appellant called present. The learned counsel for appellant filed memo not pressing the appeal as the matter settled in presence of elders. Notice to other side given who endorsed as “Received notice I pray to grant costs”. Perused record and memo. In the circumstances of the case, the appeal is dismissed without costs, as it is not pressed.

Pronounced by me in open court, this the 5 th day of July, 2024.

Sd/-N.Sreenivasa Rao

IX Addl. District Judge, Kovvur.

Copy to: The learned Prl. Civil Judge’s(Junior Division) Court, Kovvur

IN THE COURT OF THE IX ADDITIONAL DISTRICT & SESSIONS

JUDGE::WEST GODAVARI, KOVVUR.

Present: Dr. N. Sreenivasa rao

IX Additional District & Sessions Judge, Kovvur.

Friday, this the 5th dayof July, 2024

Session Case No. 13/2021

P.R.C. No. 25 of 2019 on the file of Judl. First Class Magistrate Court, Jangareddigudem in Cr. No.107 of 2019 of Jeelugumilli Police Station

Between: The State: Represented by its Inspector of Police, Polavaram Circle,Polavaram

...Complainant

And

Bathula Veerabadhra Swamy, S/o.Prasada Rao, 29 years, Bapuji colony, Dharbhagudem village, Jeelugumilli mandal.

...Accused

The Inspector of Police, Polavaram Circle has filed a charge sheet against the Accused for the offence punishable under Section 302 of IPC in Cr.No.107/2019 of Jeelugumilli P.S.

This case is coming before me on 05.07.2024 for final hearing in the presence of Sri K.Gopalakrishna, Additional Public Prosecutor for the state and

Sri A.S.Baba, learned Advocate for Accused and upon perusal of Death certificate of accused filed by the prosecution and having stood over for consideration till this day, this court delivered the following:

J U D G M E N T

The accused reported died at his house on 09.06.2024. The attested copy of D.C. of sole accused issued by Grampanchayat, Darbhalagudem filed along with memo. Hence the learned Addl. Public Prosecutor and perused the D.C of accused. Hence, the case against the accused is abated as he died.

Pronounced by me in the open Court on this the 5 th day of July, 2024.

Sd/-N.Sreenivasa Rao

IX Additional District & Sessions Judge, Kovvur.

No oral or documentary evidence is adduced on either side.

Id/-NSR

IXAD & SJ,

Kovvur