Rajyalakshmi S FAC PJCJ

1 (O.S.107/2022)

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE,

HINDUPUR

Present: Smt. S. Rajyalakshmi,

Additional Junior Civil Judge, Hindupur.

FAC :: Principle Junior Civil Judge, Hindupur.

Thursday the 13th day of July, 2023.

ORIGINAL SUIT No. 107 of 2022.

Between:-

1. Shaik Samiulla S/o Late Haneef Sab, age 70 years, Cultivation, R/o D.No.4-129, Lepakshi Village & Mandal,

2. Shaik Khaseem Sab S/o Late Haneef Sab, age 65 years, Cultivation, R/o D.No.6-89, Lepakshi Village & Mandal,

3. S. Allabakash S/o Late Haneef Sab, age 61 years, Cultivation, R/o D.No.1/79, Lepakshi Village & Mandal. … Plaintiff No.1 to 3.

And

1. Mohammed Subahan S/o Late Haneef Sab, age 72 years, Cultivation, R/o D.No.4-148, Lepakshi Village & Mandal,

2. Shaik Mustafa S/o Late Haneef Sab, age 54 years, Cultivation, R/o D.No.4-140, Lepakshi Village & Mandal,

3. Shaik Mubeena W/o Late Iliyaz, age 46 years, Housewife, R/o D.No.4-140A, Weavers Colony, Lepakshi Village & Mandal,

4. Ayub S/o Late Iliyaz, age 34 years, Business, R/o D.No.4-140A, Weavers Colony, Lepakshi Village & Mandal,

5. Asma D/o Late Iliyaz, age 30 years, House Wife, R/o D.No.4-140A, Weavers Colony, Lepakshi Village & Mandal,

6. Nabirasool S/o Late Abbas Sab, age 42 years, DOT of Ajmir Darga, R/o D.No.7-116, Madhugiri Road, Madakasira Town and Mandal,

7. Baba Fakroodin S/o Late Abbas Sab, age 40 years, Business, R/o D.No.7-116, Madhugiri Road, Madakasira Town and Mandal,

8. Maimun D/o Late Abbas Sab, age 45 years, Housewife, R/o D.No.7-116, Madhugiri Road, Madakasira Town and Mandal,

9. Munni D/o Late Abbas Sab, age 38 years, Business, R/o D.No.7-116, Madhugiri Road, Madakasira Town and Mandal,

10. Rizwana D/o Late Abbas Sab, age 35 years, Housewife, R/o D.No.7-116, Madhugiri Road, Madakasira Town and Mandal.

… Defendant No.1 to 10.

This suit is coming on 21.06.2023 for final hearing in presence of Sri. R. Azamathulla & Sri S. Abdul Raheem, Advocates for Plaintiffs No.1 to 3 and Defendants No.1 to 10 remained exparte and the matter having stood over till this day for consideration, this Court made the following:-

J U D G M E N T

1. The plaintiffs No.1 to 3 are filed the suit for partition and separate possession of their 6/13th share in the suit schedule properties (House).

Dt.13.07.2023 JCJ\HDP 2 (O.S.107/2022)

2. The brief averments of the plaint are that:-

Originally the suit schedule properties are belongs to one

Haneef Sab who is the father of plaintiffs No.1 to 3, defendants No.1 and 2 and Iliyaz and Sakeena Bibi. The above said Haneef Sab is the right full owner of the suit schedule properties. After the death of the said Haneef

Sab the plaintiffs No.1 to 3, defendants No.1 and 2, one Iliyaz and

Shakeena Bibi as his legal representatives to succeed his estate.

Subsequently Iliyaz S/o Haneef Sab died leaving behind him his widow by name Mubeen i.e., defendant No.3, and his son by name Ayub D.4 and his daughter Asma D.5, as his legla representative to succeed his estate.

Shakeena Bibi D/o Haneef Sab also died leaving behind her, their children i.e., defendants 6 to 10 are legal representatives to succeed her estate.

Thus after the death of Haneef Sab, Iliyaz and Shakeena Bibi the plaintiffs

No.1 to 3 and defendants No.1 to 10 are jointly enjoying the suit schedule properties. The plaintiffs No.1 to 3 together entitled 6/13th share, D.1 and

D.2 are entitled 4/13th share, D.3 to D.5 entitled 2/13th share and D.6 to

D.10 entitled 1/13th share in the suit schedule properties and each plaintiffs got 2/13th share in the suit schedule properties. The defendants

No.1 to 3 are with an evil intentions to knock away the shares of plaintiffs to create a some nominal documents in their names. The suit schedule properties are the joint family properties of the plaintiff sand the defendants and they are enjoying the same jointly till today. The plaintiffs

No.1 to 3 have got 6/13th share in the suit schedule properties and also they learnt that defendants have been trying to create some false, sham and factious documents in favour of third parties. The defendants with a bad motive to have unlawful gain and to knock away the suit schedule properties if possible are denying the rights of plaintiffs in the suit schedule properties. All attempts made by the plaintiffs have ended without any result the plaintiffs are compelled to seek for their remedy of claiming their legitimate 6/13th share in the suit schedule properties. Hence the suit.

Dt.13.07.2023 JCJ\HDP 3 (O.S.107/2022)

3. Though suit summons were served to defendants, they did not appear before this Court. Hence they were set exparte.

4. In support of their claim, the plaintiff No.1 examined himself as P.W.1 and got marked Ex.A.1. Ex.A.1 is the Extract copy of registered sale deed dt.03.07.1969. And the plaintiff No.2 also examined as P.W.2.

5. Heard the learned counsel for plaintiffs. Perused the record.

6.Now the point for determination is:-

Whether the plaintiffs No.1 to 3 are entitle for 6/13 th share in the suit schedule properties?

POINT:

7. The main contention of the plaintiffs No.1 to 3 are that originally the suit schedule properties is the ancestral property of the plaintiffs and defendants. To prove the contention that the plaintiffs No.1 to 3 have 6/13th share in the suit schedule properties, the plaintiffs have examined himself as PW1 and P.W.2 and got marked Ex.A1.

8.In order to prove their case the plaintiffs\P.Ws.1 and 2 have submitted the contents present in the plaint as it is. PW1 has filed Extract copy of registered sale deed dt.03.07.1969 i.e., Ex.A.1 the document to show that they are right in the ancestral property of plaintiffs and defendants and they were jointly enjoying the same. On the other hand

PW2 who is the 3rd plaintiff to the suit but he knows the plaintiffs and the defendants very-well and has stated that they are in the joint possession of the properties and no partition has occurred till today. Further more that there is a demand made by the plaintiffs for partition of the suit schedule property and the defendants has not made any response for the same. The defendants have received the summons through Court but they have not

Dt.13.07.2023 JCJ\HDP 4 (O.S.107/2022) appeared, not filed any written statement nor adduced any evidence to rebut the contention of the plaintiffs. In view of absence of the evidence to be let in by the defendants the Court has no option except to believe the evidence of the plaintiffs. The contention of the plaintiffs stands unrebuted and is entitled for partition in the suit schedule properties.

Hence point is answered in favour of plaintiffs No.1 to 3 and against the defendants No.1 to 10.

9.IN THE RESULT, the suit is preliminarily decreed declaring that the plaintiffs No.1 to 3 are entitled for 6/13th share in the suit schedule properties. The equities will be decided at the of passing final decree. In the circumstances without costs.

Typed to my diction by the Typist, corrected and Pronounced by me in the open court, this the 13 th day of July, 2023.

Addl. Junior Civil Judge, FAC :: Prl. Junior Civil Judge, Hindupur.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

PLAINTIFF DEFENDANTS

P.W.1 ::- Shaik Samiulla. --NONE-- P.W.2 ::- S. Allabakash.

DOCUMENTS MARKED ON BEHALF OF THE PLAINTIFFS

Ex.A.1 : Extract copy of registered sale deed dt.03.07.1969.

DOCUMENTS MARKED ON BEHALF OF THE DEFENDANTS

- NIL -

Addl. Junior Civil Judge, FAC :: Prl. Junior Civil Judge, Hindupur.

Dt.13.07.2023 JCJ\HDP

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE,

HINDUPUR

Present: Smt. S. Rajyalakshmi,

Additional Junior Civil Judge, Hindupur.

FAC :: Principle Junior Civil Judge, Hindupur.

Thursday the 13th day of July, 2023.

ORIGINAL SUIT No. 107 of 2022.

Between:-

1. Shaik Samiulla S/o Late Haneef Sab, age 70 years, Cultivation, R/o D.No.4-129, Lepakshi Village & Mandal,

2. Shaik Khaseem Sab S/o Late Haneef Sab, age 65 years, Cultivation, R/o D.No.6-89, Lepakshi Village & Mandal,

3. S. Allabakash S/o Late Haneef Sab, age 61 years, Cultivation, R/o D.No.1/79, Lepakshi Village & Mandal. … Plaintiff No.1 to 3.

And

1. Mohammed Subahan S/o Late Haneef Sab, age 72 years, Cultivation, R/o D.No.4-148, Lepakshi Village & Mandal,

2. Shaik Mustafa S/o Late Haneef Sab, age 54 years, Cultivation, R/o D.No.4-140, Lepakshi Village & Mandal,

3. Shaik Mubeena W/o Late Iliyaz, age 46 years, Housewife, R/o D.No.4-140A, Weavers Colony, Lepakshi Village & Mandal,

4. Ayub S/o Late Iliyaz, age 34 years, Business, R/o D.No.4-140A, Weavers Colony, Lepakshi Village & Mandal,

5. Asma D/o Late Iliyaz, age 30 years, House Wife, R/o D.No.4-140A, Weavers Colony, Lepakshi Village & Mandal,

6. Nabirasool S/o Late Abbas Sab, age 42 years, DOT of Ajmir Darga, R/o D.No.7-116, Madhugiri Road, Madakasira Town and Mandal,

7. Baba Fakroodin S/o Late Abbas Sab, age 40 years, Business, R/o D.No.7-116, Madhugiri Road, Madakasira Town and Mandal,

8. Maimun D/o Late Abbas Sab, age 45 years, Housewife, R/o D.No.7-116, Madhugiri Road, Madakasira Town and Mandal,

9. Munni D/o Late Abbas Sab, age 38 years, Business, R/o D.No.7-116, Madhugiri Road, Madakasira Town and Mandal,

10. Rizwana D/o Late Abbas Sab, age 35 years, Housewife, R/o D.No.7-116, Madhugiri Road, Madakasira Town and Mandal.

… Defendant No.1 to 10.

The plaintiffs No.1 to 3 are filed the suit for partition and separate possession of their 6/13th share in the suit schedule properties (House).

Plaint presented on : 23-02-2022. Plaint numbered on : 02-03-2022.

Value of the suit :

Total market Value is Rs.22,69,680/- Market value of the 6/13th share of the plaintiffs Rs.10,47,545/- Market value of the 3/4th share of the plaintiffs Rs. 7,85,659/-

Value for the purpose of Court fee and jurisdiction is Rs.7,85,659/- and a Court fee of Rs.200/- is paid under section 34 (2) of A.P.C.F. and S.V.Act-1956.

The cause of action for the suit arose about one week back when the plaintiffs are demanding their legitimate 6/13th share in the suit schedule properties and the defendants admitting the share of plaintiffs and evading some pretext or other. When the all efforts proved in vain, when the plaintiffs are seeing to claim their 6/13th share in the plaint schedule properties all at Lepakshi Village and Mandal, Ananthapuramu District within the jurisdiction of this Honorable Court.

This suit is coming on 13.07.2023 for final hearing before me in presence of Sri. R. Azamathulla & Sri S. Abdul Raheem, Advocates for Plaintiffs No.1 to 3 and Defendants No.1 to 10 remained exparte and the matter having stood over for consideration this day, this court doth ORDER and DECREE as follows:-

i)That the suit be and the same is hereby preliminarily decreed; ii)That it is hereby declared that the plaintiffs are entitled for 6/13th share in the suit schedule properties; iii)That the equities will be decided at the time of passing of final decree; iv)That both parties do bear their own costs.

Given under my hand and the seal of the court this the 13 th day of July, 2023.

Addl. Junior Civil Judge, FAC :: Prl. Junior Civil Judge,

Hindupur.

TABLE OF COSTS

PlaintiffDefendants Rs. 200-00 Stamp on plaint-- Rs. 2-00 Stamp on Vakalath2-00 Rs.-- Stamp on process-- Rs.100-00 Typing charges -- Rs.400-00 Stamp on petitions-- Rs.20,000-00 Advocate Fee -- Rs.-- Petition Stamp-- Rs. 20,702-00 TOTAL 2-00 (F.C. Memo filed)

Addl. Junior Civil Judge, FAC :: Prl. Junior Civil Judge,

Hindupur.

S C H E D U L E

Properties situated within the R.D. Hindupur and SRD of Chilamathur, within the village limits of Lepakshi Grama Polam, Lepakshi Mandal, Ananthapuramu District with the following particulars.

S.No. Babu Survey No. Extent .

1. Govt.Dry232-5Ac.0.53 cents in that 6/13th share

2. Govt.Dry316-1Ac.0.36 cents in that 6/13th share

3. Govt.Dry227-8AAc.0.16 cents in that 6/13th share

4. Govt.Dry227-8B1Ac.0.16 cents in that 6/13th share

5. Govt.Dry275-3Ac.1.00 cents in that 6/13th share

6. Govt.Dry230-4-D1Ac.0.31 cents in that 6/13th share

7. Govt.Dry312-7Ac.0.05 cents in that 6/13th share

8. Govt.Dry337-22Bpyki D.No.4-140 in that 6/13th share

Addl. Junior Civil Judge, FAC :: Prl. Junior Civil Judge,

Hindupur.

JMFC/HDP 1 (PRC.08/2023)

IN THE COURT OF PRINCIPAL JUDICIAL MAGISTRATE OF FIRST CLASS ::

HINDUPUR

Present: Smt. S. Rajyalakshmi,

Additional Judicial Magistrate of First Class, Hindupur.

FAC :: Judicial Magistrate of First Class, Hindupur.

Thursday , the 13 th day of July, 2023.

P.R.C. No. 08 of 2023.

Between:-

The State: Rep by Sub-Divisional Police Officer, Penukonda, Hindupur I Town P Station. … Complainant

And

1. T. Noorulla S/o T. Sanaulla, age 32 years, R/o RTC Colony, Hindupur Town (A.1)

2. T. Pyareema W/o T. Sanaulla, age 60 years, R/o RTC Colony, Hindupur Town. (A.2) … Accused

This case is coming on today for committal before me in the presence of the Learned Assistant Public Prosecutor for the State and Sri A. Gopala Krishna and B. Rathna Kumar, Advocates for Accused No.1 and 2 and having stood over for consideration till this day, this Court delivered the following:-

-:: O R D E R ::-

1. The Sub-Divisional Police Officer, Penukonda, Hindupur I Town Police

Station has filed the Charge Sheet against the Accused No.1 and 2 in Crime Number 945/2020 for the offence punishable under Sections 498-A, 304-B r/w 34 of of Indian

Penal Code.

2. The sum and substance of the prosecution case are that :-

The deceased C.A. Arshiya W/o T. Noorulla, age 26 years, native of

Hindupur Road, Madakasira Town, about 1 years ago the deceased was given in a marriage to A.1 T. Noorulla, at the time of marriage L.Ws.2 and 3 who are the parents of deceased gave an amount of Rs.5 Lakhs, 15 tulas of gold ornaments to A.1 as dowry and performed marriage grandly at Madakasira Town, after marriage the

JMFC/HDP 2 (PRC.08/2023) deceased joined to lead conjugal life with A.1 at RTC Colony, Hindupur Town, they led their conjugal life for 2 months only, afterwards the accused A.1 and A.2 started harassment on the deceased mentally and physically by suspecting her fidelity and for getting additional dowry. The deceased conceived as pregnant. The accused A.1 got opportunity to go Chicago, USA for job, at that time also the accused A.1 and A.2 harassed the deceased to get additional dowry of an amount of Rs.20 Lakhs, new car and land from her parents, later the deceased went to her maternal house and blessed with a male baby, at that time also the accused A.1 and A.2 used to contact with the deceased over phone and harassed her mentally and physically by inquiring about her behavior and to get additional dowry from her parents. Meanwhile about 10 days ago, the accused A.1 returned from Chicago, USA. On the demand of A.1 and A.2, the L.Ws.1 to 3 and 5 left the deceased in the house of A.1 and A.2 and in these 10 days also the accused A.1 and A.2 have harassed the deceased mentally and physically for getting additional dowry and when the deceased informed about the harassment of A.1 and A.2 to L.Ws.1 to 5, on that, L.Ws.1,2,4,5 and 7 went to T.

Noorulla’s house, made panchayath, chastised them not to harass the deceased and lead conjugal life with her amicably. But the accused A.1 and A.2 did not heed their words and continued their harassment on the deceased to get additional dowry from her parents and but she expressed her inability. On 25.11.2020 early morning

Arshiya committed suicide by hanging in the house of A.1 and A.2. Immediately

L.Ws.1 to 5 and others rushed to the spot and saw the dead body of the deceased.

They have confirmed that T. Noorulla (Husband of Arshiya) and T. Pyareema (Mother- in-law of Arshiya) are responsible for the death of Arshiya as they have harassed her mentally and physically be suspecting her fidelity and for additional dowry due to their unbearable harassment Arshiya committed suicide.

Basing on the complaint of L.W.1, Inspector of Police (L.W.16), Hindupur I

Town PS registered a case in Cr.No.945/2020 U/Sec.498-a, 304 (B) r/w 34 of IPC of

Hindupur I Town PS., submitted the copies of express FIR to all concerned officers.

L.W.17 (SDPO, Penukonda) took up the investigation, examined L.Ws.1 to 6, recording their statements, examined of scene of offence, examined the daad body of the deceased and sent the body to the hospital for autopsy and sent

JMFC/HDP 3 (PRC.08/2023) requisition to L.W.13 for holding inquest over the dead body of the deceased. On 26.11.2020, L.W.17 arrested the accused A.1 and A.2 and sent for remand.

Further, L.W.18 took up further investigation, verified the investigation done by the L.W.17, examined L.Ws.7 to 9 recorded their statements and seized passport of the A.1, also seized wedding card, marriage photos, marriage certificate and Nikha Certificate under police proceedings.

L.W.13, is the Mandal Executive Magistrate @ Tahsildar, Hindupur conducted inquest over the dead body of the deceased in the presence of inquest panchayathdaras L.Ws.10 to 12 and recording of statements of blood relatives of the deceased. L.Ws.10 to 12 are the inquest panchayathdaras spoken about their presence at the time of holding of inquest by L.W.13 and gave their opinion.

The team of doctors L.Ws.14 and 15 who conducted the autopsy over the dead body of the deceased have opined that the caused of death is due to

Asphyxia caused by hanging.

As per the evidence of L.Ws.1 to 9, it is clearly established that the accused A.1 and A.2 harassed the deceased mentally and physically for getting

additional dowry and also suspecting her fidelity. Due to their unbearable

harassment Arshiya committed suicide by hanging on 25.11.2020 early morning.

Hence the charge.

3. This case was taken on file under Sections.498-A, 304 (B) r/w 34 of Indian

Penal Code as against the accused A.1 and A.2.

4. On appearance of the accused A.1 and A.2., copies of the documents are furnished to them under Section 207 of Cr.P.C.

5. Heard.

JMFC/HDP 4 (PRC.08/2023)

6. On careful perusal of allegations levied against the accused A.1 and A.2 as mentioned in the charge sheet and other material papers on record, this Court feels that prima-facie allegations are made out against the accused A.1 and A.2 for the offence under Section 304 (B) of Indian Penal Code which is exclusively triable by the Hon’ble Court of Sessions, and therefore, this Court committed the entire case record to the Hon’ble Court of Sessions, Ananthapuramu under Section 209 (a) of

Cr.P.C.

7. The accused A.1 and A.2 are released on bail, on executing their self bonds for Rs.20,000/- with two sureties for like sum each, as per the orders of the

Hon’ble II Addl. Sessions Judge, Hindupur in Cr.M.P.No.377/2020 in Cr.No.945/2020,

dt.21.12.2020 & Cr.M.P.15/2021 in Cr.No.945/2020, dt.28.01.2021 shall continue the same until further orders under Section 209 (b) of Cr.P.C.

8. The property, if any, in this case shall be submitted to the Hon’ble Court of Sessions, Ananthapuramu under Section 209 (c) of Cr.P.C.

9. Notify the Public Prosecutor, Ananthapuramu about the commitment of the case under Section 209 (d) of Cr.P.C.

10. The accused A.1 and A.2 are questioned with regard to their means to engage defence Counsel in the Court of Sessions, they stated that they have means to engage the Counsel.

Typed to my dictation, corrected and pronounced by me in open Court, on this the 13 th day of July, 2023.

Additional Judicial Magistrate of First Class,

FAC :: Judicial Magistrate of First Class,

Hindupur.

APPENDIX OF EVIDENCE

- NIL -

Additional Judicial Magistrate of First Class,

FAC :: Judicial Magistrate of First Class,

Hindupur.

From,To, Smt. S. Rajayalakshmi,The Hon’ble Principal District Addl. Judicial Magistrate of I Class, and Session’s Judge, FAC :: Judicial Magistrate of I Class, Ananthapuramu. Hindupur.

Dis.No. / 2023 :: Dated : -07-2023.

Honoured Sir,

Sub:COURTS – CRIMINAL – JFCM COURT, HINDUPUR – Submission of entire records in P.R.C.No.08 of 2023 on the file of this Court after duly indexing as the said case is committed to the Hon’ble Court of Sessions, Ananthapuramu – Regarding.

Ref:Circular of the Hon'ble Sessions Judge, Ananthapuramu in Dis.No.3883 dt:01-06-2002

* * * * *

In obedience to the reference cited above, I am herewith submitting the entire records in P.R.C.No.08 of 2023 on the file of this Court after duly indexing as the said case is committed to the Hon’ble Court of Sessions,

Ananthapuramu under Section 209 (a) of Criminal Procedure Code.

Yours faithfully,

Addl. Judicial Magistrate of First Class, Hindupur.

Encls:-

Entire records in P.R.C.No.08 of 2023.

ABSTRACT (REGISTER EXTRACT)

P.R.C.No.11 OF 2020.

01.SL. No. (Case Number) P.R.C.No.11 of 2020

02.Name of the Accused Uppara Nagabhushana @ Kakkudu, age 31 years, S/o Uppara Sanjeevappa, Lorry Driver, R/o D.No.2/80, Pydeti Village of Parigi Mandal, Sri Sathya Sai District.

03.Copy of the substance Vide copy of charge sheet

04.Name of the Sub-Inspector of Police, Parigi Police Station. complainant

05.Name of the List of witnesses as per charge sheet. prosecution witnesses

06.Name of the defence -NIL- for the present witnesses

07.Result of enquiry Committed to the Hon’ble Court of Sessions, Ananthapuramu, under Sec.209 (a) of Cr.P.C.

08.Date of offence 05-05-2020

09.Date of complaint 06-05-2020

10.Apprehension of 28-09-2020 accused Accused is released on bail, as per the orders of the

Hon’ble II Addl. Sessions Judge, Hindupur in

Cr.M.P.No.315/2020 in Cr.No.77/2020, dt.23.10.2020.

11.Close of enquiry06-03-2023

Judicial Magistrate of First Class,

Hindupur.

NOTICE OF COMMITTAL BY PRINCIPAL JUDICIAL MAGISTRATE OF FIRST

CLASS, HINDUPUR TO THE PUBLIC PROSECUTOR.

(Sec. 209 (d) of Cr.P.C.)

The Principal Judicial Magistrate of First Class, Hindupur hereby gives notice that this Court have committed P.R.C.No.11 of 2020 for Trial to the Court of

Hon’ble Principal Sessions Judge, Ananthapuramu and the Magistrate hereby

instructs the Public Prosecutor to conduct the prosecution of the said case. The charge sheet is filed against the Accused Under Sections 448, 376 r/w 511 of

Indian Penal Code.

Dated this the 06 th day of March, 2023.

Judicial Magistrate of First Class,

Hindupur.

To, The Public Prosecutor, Ananthapuramu.

1

In the Court of the Principal Junior Civil Judge: Hindupur

Present : Smt S.Rajyalakshmi,

Addl. Junior Civil Judge, Hindupur

FAC Prl. Junior Civil Judge, Hindupur

Wednesday, this the 31 st day of January’ 2024

O.S. 119/2020

Between :

K.S.Prasanth, S/o Srinivasa Murthy, aged 44 years, Hindu, Business, D.No.15-3- 467, Main Bazar, Hindupur. …Plaintiff

And

D.S.Giri Babu, S/o D.R.Subramanyam, 42 years, Hindu, Business, R/o D.No.5-6-1, Lakshmipuram, Hindupur. …Defendant

This suit came up for final hearing before me on 24-01-2024 in the presence of Sri P.Subramanyam Sastry, Advocate for the plaintiff and the defendant remained exparte and upon hearing the counsel for the plaintiff and on perusing the material available on record this Court delivered the following:

J U D G M E N T

The suit is filed for recovery of Rs.4,94,400/- on the foot of promissory note with future interest and suit costs from the defendant.

2.The material averments of the plaint are as follows:-

The defendant borrowed a sum of Rs.3,00,000-00 from plaintiff on 08.07.2017 agreeing to repay the same with interest at 21.6 % p.a. and executed a promissory note in favour of the plaintiff. Inspite of several demands made by the plaintiff, the defendant did not make any payment either towards principal or interest. Hence the suit.

3.Publication copy filed. Defendant called absent and set exparte.

2

4. Basing up on the plaint pleadings the points for consideration is:

1. Whether the plaintiff is entitled for suit claim?

2. To what relief?

5.During the course of trail, plaintiff adduced his oral evidence as PW1 and marked Ex.A1 to A4 and the defendant did not choose to contest the case and remained exparte.

6. Heard the learned counsel for plaintiff and perused the records available and the evidence.

7. Point No:1 :-

The plaintiff in order to establish his case examined himself as PW1 by filing his chief affidavit which is nothing but replica of plaint PW1 in his chief examination reiterated the contents of the plaint and deposed that the defendant borrowed a sum of Rs.3,00,000/- from him on 08-07-2017 and executed promissory note agreeing to repay the same with interest at 21.6% p.a. and the said promissory note is marked as Ex.A1. Inspite of demands, the defendant did not repay the above said amount, hence he got issued legal notice and the same was served on the defendant. Ex.A.2 is office copy of notice, dt.01.09.2018. Ex.A.3 is office copy of notice, dt.22.02.2020 and Ex.A.4 is postal acknowledgment.

8.On co-joint reading of plaint the oral evidence of PW1 and the documentary evidence available on hand it is well established that the defendant executed Ex.A1. Hence this court holds that Ex.A1 was executed by the defendant on 08-07-2017. Further more defendant have not choose to contest the suit of the plaintiff and remained exparte. The evidence of PW1 has remained unchallenged, unrebbuted and controverted.

3

9. As per above discussion the plaintiff established his case by examining himself as PW1 and established defendant executed Ex.A1 accordingly this point is answered in favour of plaintiff and against the defendant.

10.Point No.2:-

In the result, the suit is decreed with costs for a sum of Rs.4,94,400/- (Rupees four lakhs ninety four thousand and four hundred only) with future interest at 12% p.a. from the date of filing of the suit till the date of decree and thereafter at 6% p.a. till its realization on the principal sum of Rs.3,00,000-00 (Rupees three lakhs only).

Dictated to Stenographer transcribed by him, corrected and pronounced by

me in open Court, on this the 31st day of January’ 2024.

Addl. Junior Civil Judge, Hindupur FAC Prl. Junior Civil Judge, Hindupur

Appendix of evidence

Witnesses examined for

Plaintiff: Defendant:

PW.1 : K.S.Prashanth -None-

Exhibits marked for plaintiff

Ex.A1 : Suit Pronote, dt.08.07.2017. Ex.A2 : Office copy of notice, dt.01-09-2018. Ex.A3 : Office copy of notice, dt.22-02-2020. Ex.A4 : Postal acknowledgment.

Exhibits marked for defendant

-Nil- 4

Addl. Junior Civil Judge, Hindupur FAC Prl. Junior Civil Judge, Hindupur.

IN THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE :: HINDUPUR

Present : Smt. S. Rajyalakshmi,

Additional Junior Civil Judge, Hindupur,

FAC :: Principal Junior Civil Judge, Hindupur.

Wednesday, the 31 st day of January, 2024.

O.S. No. 119 OF 2020.

Between:-

K.S. Prasanth, S/o Srinivasa Murthy, aged 44 years, Hindu, Business, D.No.15-3-467, Main Bazar, Hindupur.… Plaintiff

And

D.S.Giri Babu, S/o D.R.Subramanyam, 42 years, Hindu, Business, R/o D.No.5-6-1, Lakshmipuram, Hindupur. … Defendant

Suit for recovery of an amount of Rs.4,94,400/- being the principal and

interest due on a promissory note dated 08.07.2017 executed by the defendant in

favour of the plaintiff for Rs.3,00,000/-, agreeing to repay the same and claimed the

same value and for future interest and costs of the suit.

Plaint presented on : 07-09-2020

Plaint filed on : 17-09-2020

Value of the suit for the purpose of Court fees and jurisdiction is at

Rs.4,94,400/- and on which a Court fee of Rs.7,426/- is paid U/s. 20 of A.P.C.F & S.V.

Act of 1956.

The cause of action for the suit arose on 08.07.2017 when the

defendant approached the plaintiff and borrowed a sum of Rs.3,00,000/- and

executed suit pronote in favour of plaintiff at Hindupur and on 01.09.2018,

22.02.2020 when the plaintiff got issued legal notice to the defendant calling upon

to repay the debt amount and on when the defendant acknowledged the same and

fail to repay the debt amount where the suit pronote is executed by the defendant,

Hindupur within the Jurisdiction of this Honorable Court.

This Suit is coming on 31.01.2024 for final hearing before me in the

presence of Sri P. Subramanyam Sastry, Advocate for Plaintiff and Defendant remained exparte and the matter having stood over for consideration till this day, this Court doth

ORDER and DECREE:-

a) that the suit is decreed with costs, directing the defendant to pay a sum of Rs.4,94,400/- with future interest at 12% P.A., from the date of filing of the suit till the date of decree and thereafter at 6% P.A., till its realization on the principal sum

of Rs.3,00,000/- under the suit marked promissory note; and

b) that the defendant do also pay a sum of Rs.17,852/- to the plaintiff towards

costs of the suit.

Given under my hand and the seal of the Court, this the 31 st day of January, 2024.

Addl. Junior Civil Judge,

Hindupur.

FAC :: Prl. Junior Civil Judge,

Hindupur.

TABLE OF COSTS

PLAINTIFF DEFENDANT

Rs. 7,426-00---

Stamp on Plaint

Stamp on VakalatRs. 2-00---

Stamp on ProcessRs. 100-00---

Paper Publication ChargesRs. 2,058-00

Advocate FeeRs. 8,266-00---

TOTAL : Rs.17,852-00 Rs.0-00

(FC Memo Filed)

Addl. Junior Civil Judge,

Hindupur.

FAC :: Prl. Junior Civil Judge,

Hindupur.

Note:- The parties should apply as soon as possible for the return of all exhibits which they may wish to preserve, as the record will be liable to be destroyed after 3

years from this date.

PJCJ/HDP 1 (OS.73/2023)

IN THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE :: HINDUPUR

Present : Smt. S. Rajyalakshmi,

Principal Civil Judge (Junior Division), Hindupur.

Friday, the 25 th day of April, 2025.

O.S. No. 73 of 2023.

Between:-

G Narasimhulu S/o Late Narasimhappa, Hindu, aged 65 years, retired employee, residing at Sreekantapuram, Hindupur, Sri Sathya Sai District. … Plaintiff

AND

V Narayana Swamy S/o Late Pothulappa, aged 57 years, Hindu, residing at D.No.5- 2-204, Lakshmipuram, Hindupur, Sri Sathya Sai District. … Defendant

This Suit coming on 22-04-2025 for final hearing before me in the presence of Sri P Raghunatha Sastry, Advocate for Plaintiffs and Defendant remained set- exparte and the matter having stood over for consideration this day, this Court delivered the following :-

J U D G M E N T

1. This is a suit recovery money of Rs.1,59,800/- (Rupees One Lakh Fifty

Nine thousand and Eight hundred only) based on a promissory note dt.02-01- 2020 execute by the defendant in favour of plaintiff with subsequent interest at 24 % p.a., from the date of suit till the date of realization on the principal amount of Rs.94,000/- (Rupees Ninety Four Thousands only) and for the costs of the suit.

2. The averments of plaint in brief are as follows:-

The defendant borrowed an amount of Rs.94,000/- (Rupees Ninety

Four Thousands only) in cash from the plaintiff on 02.01.2020 for his necessities

PJCJ/HDP 2 (OS.73/2023)

agreeing to repay the amount with an interest of 30 % p.a., and executed the promissory note to that effect on 02-01-2020. The plaintiff demanded the defendant to repay the debt amount. After repeated demands by the plaintiff, the defendant bluntly refused to pay the amount towards principal amount or interest amount. The plaintiff got issued a legal notice dt.01-12-2022 which was served on 03-12-2022, after receipt of the notice the defendant neither gave reply nor pay the amount. Hence the suit is filed.

3. The defendant did not file his written statement and stipulated time is over. Hence the right to file of written statement of defendant is forfeited on 16.07.2024.

4. During the trial the plaintiff examined himself as P.W.1 reiterated the averments contained in the plaint. Ex.A.1 to A.4 are marked which include the

Original promissory note executed by defendant in favour of plaintiff dt.2.01.2020, office copy of legal notice dt.01.12.2022, Postal receipts, dt.

01.12.2022 and Track consignment letter dt.25.12.2022. No oral or documentary evidence is adduced on the defendant side.

5. Heard the of learned counsel for plaintiff. Perused the entire record.

6. Now the point for consideration is:-

Whether the plaintiff is entitled for recovery of the suit amount from the defendant as prayed for?

7. Point:-

As noted, above the plaintiff was examined as P.W.1. In his chief affidavit he submitted that on 02.01.2020 defendant borrowed Rs.94,000/- (Rupees Ninety Four Thousands only) from P.W.1 under Ex.A.1 promissory note

PJCJ/HDP 3 (OS.73/2023)

agreeing to repay the same with interest 30 % p.a., to his or his order on demand.

After demanding the defendant to pay the borrowed amount and upon failure of the defendant to repay, the plaintiff issued a legal notice Ex.A.2 dt.01.12.2022.

The defendant having receive the Ex.A.2 legal notice neither repaid the borrowed amount nor replied.

8. To disprove the contentions of P.W.1 the defendant did not appear

before the Court to give evidence and remained exparte. So, it is to be presumed

that the defendant admitted the case of P.W.1, to prove his case, P.W.1 got marked Ex.A.1 to Ex.A.4. Further the oral evidence of P.W.1 and documentary evidence under Ex.A1 to Ex.A.4 establishes and proves that the defendant having borrowed the amount from P.W.1 and executing Ex.A.1 promissory note failed to repay the said debt. Since the defendant failed to cross examined the Plaintiff, the statements made by the P.W.1 in his chief examination affidavit remained unchallenged and unrebutted. Hence the plaintiff is entitled the recover the suit amount from the defendant.

The oral and documentary evidence stands unrebutted and proved by

P.W.1. Accordingly the point is answered in favour of plaintiff.

9. In the result, the suit is decreed with costs in favour of plaintiff

for Sum of Rs.1,59,800/- (Rupees One Lakh Fifty Nine thousand and Eight

hundred only) with future interest at 12 % p.a., from the date of filing of the

suit till the date of decree and thereafter, at 6 % p.a., from the date of decree

till the date of realization on the principal amount of Rs.94,000/- (Rupees

Ninety Four Thousands only).

Typed to my dictation by the Stenographer Gr-III, corrected and pronounced by me in the open Court, this the 25 th day of April, 2025.

Sd/- S. Rajyalakshmi,

Principal Civil Judge (Jr. Division),

Hindupur.

PJCJ/HDP 4 (OS.73/2023)

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

PLAINTIFFS DEFENDANT

P.W.1:- G Narasimhulu.NONE

EXHIBITS MARKED FOR PLAINTIFFS

Ex.A.1 Original promissory note executed by defendant in favour of plaintiff dt.2.01.2020.

Ex.A.2 Office copy of legal notice dt.01.12.2022.

Ex.A.3 Postal receipts, dt. 01.12.2022.

Ex.A.4 Track consignment letter dt.25.12.2022.

EXHIBITS MARKED FOR DEFENDANT

- Nil -

Sd/- S. Rajyalakshmi,

Principal Civil Judge (Jr. Division),

Hindupur.

1 (PRC.31/2023)

IN THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS :: HINDUPUR

Present: Smt. S. Rajyalakshmi,

Addl. Judicial Magistrate of First Class, Hindupur.

FAC :: Judicial Magistrate of First Class, Hindupur.

Friday , the 02 nd day of February, 2024.

P.R.C. No. 31 of 2023.

Between:-

The State: Rep by Sub-Inspector of Police, Hindupur I Town Police Station. (Cr.No.625/2021) … Complainant

And

K. Thippe Swamy S/o Late Sreenivasulu, age 23 years, Kamsalapeta, Hindupur Town. … Accused

This case is coming on today for committal before me in the presence of the Learned Assistant Public Prosecutor for the State and Sri D. Siva Shankar, Advocate for Accused and having stood over for consideration till this day, this Court delivered the following:-

-:: COMMITTAL ORDER ::-

1. The Sub-Inspector of Police, Hindupur I Town Police Station has filed the

Charge Sheet against the Accused in Crime Number 625/2021 for the offence punishable under Section 307 of Indian Penal Code.

2. The sum and substance of the prosecution case are that :

The Complainant/L.W.1 Shaik Mahammad Rafiq S/o Fakruddin, age 25 years, Auto Nagar, Hindupur Town, Sri Sathya Sai District, (Herein after referred as the injured). On 12.08.2021 at about 4.30 P.M at Church Road, Hindupur Town, the accused went to the welding shop of complainant\L.W.1, with intent to kill him, abused and threatened the complainant, stabbed with a knife on the left side of the back, beat with a stone on his head, as a result, caused stabbed injury on left side of back and bleeding injuries on the head of complainant on the ground that accused got suspicion that the complaint gave information to the police about selling of illicit

Dt.02.02.2024 JMFC/HDP

2 (PRC.31/2023)

Karnataka Liquor by him at Ninkampalli Road, Hindupur. Basing on the complaint of

L.W.1, L.W.7 registered a case in Cr.No.625/2021 U/Sec.307 of IPC and took up investigation of this case. Subsequently on 13.08.2021, while L.W.7 arrested the accused and send him judicial remand and the Court remanded him to judicial custody. Hence the charge.

3. This case was taken on file under Section 307 of Indian Penal Code as against the accused.

4. On appearance of the accused, copies of the documents was furnished to him under Section 207 of Cr.P.C.

5. Heard.

6. On careful perusal of allegations levied against the accused as mentioned in the charge sheet and other material papers on record, this Court feels that prima-facie allegations are made out against the accused for the offence under

Section 307 of Indian Penal Code is exclusively triable by the Hon’ble Court of

Sessions, and therefore, this Court committed the entire case record to the Hon’ble

Court of Sessions, Ananthapuramu under Section 209 (a) of Cr.P.C.

7. The accused released on bail, as per the orders of the Hon’ble II Addl.

Sessions Judge, Hindupur in Cr.M.P.No.203/2021 in Cr.No.625/2021 of Hindupur I

Town PS, dt.14.09.2022 shall continue the same until further orders under Section 209 (b) of Cr.P.C.

8. The entire case records, documents and material objects shall be committed to Hon’ble Court of Sessions, Ananthapuramu under Section 209 (c) of

Cr.P.C.

9. The commitment of case to the Hon’ble Court of Sessions shall be notified to the Public Prosecutor of Hon’ble Court of Sessions, Ananthapuramu under Section 209 (d) of Cr.P.C.

Dt.02.02.2024 JMFC/HDP

3 (PRC.31/2023)

10. Heard the accused with regard to his means to engage a counsel in the

Court of Sessions, he submitted that he got sufficient means to engage counsel during the course of trial in the Court of Sessions.

Dictated to the Stenographer Gr.III typed to dictation, corrected and pronounced by

me in open Court, the 02 nd day of February, 2024.

Additional Judicial Magistrate of First Class,

Hindupur. FAC :: Judicial Magistrate of First Class,

Hindupur.

APPENDIX OF EVIDENCE

- NIL -

Additional Judicial Magistrate of First Class,

Hindupur. FAC :: Judicial Magistrate of First Class, Hindupur.

Dt.02.02.2024 JMFC/HDP

From :To : Smt. S. Rajyalakshmi,The Hon’ble Principal District Addl. Judicial Magistrate of I Class, and Session’s Judge, Hindupur. Ananthapuramu. FAC :: Judicial Magistrate of I Class, Hindupur.

Dis.No. / 2024 :: Dated : -02-2024.

Honoured Sir,

Sub:COURTS – CRIMINAL – JFCM COURT, HINDUPUR – Submission of entire records in P.R.C.No.31 of 2023 on the file of this Court after duly indexing as the said case is committed to the Hon’ble Court of Sessions, Ananthapuramu – Regarding.

Ref:Circular of the Hon'ble Sessions Judge, Ananthapuramu in Dis.No.3883 dt:01-06-2002.

* * * * *

In obedience to the reference cited above, I am herewith submitting the entire records in P.R.C.No.31 of 2023 on the file of this Court after duly indexing as the said case is committed to the Hon’ble Court of Sessions,

Ananthapuramu under Section 209 (a) of Criminal Procedure Code.

Yours faithfully,

Addl. Judicial Magistrate of I Class, Hindupur. FAC :: Judicial Magistrate of I Class, Hindupur.

Encls:-

Entire records in P.R.C.No.31 of 2023.