S.Bhargavi, Mobile Court

Spl.JFCM Mobile for trial of cases under PCR Act Cum II Addl. Jr.Civil Judge Court Judge

Prl. District & Sessions Court, ANANTHAPURAMU (District) · Ananthapur · Andhra Pradesh

S.Bhargavi, Mobile Court, Spl.JFCM Mobile for trial of cases under PCR Act Cum II Addl. Jr.Civil Judge Court Judge, is posted at Prl. District & Sessions Court, ANANTHAPURAMU (District), Ananthapur, Andhra Pradesh, India. 222 court orders on record since 2019. 5 judgments with full text available. Primarily handles CC, OS, DVC cases.

222

Total Orders

Judgments

Orders/Month

Posting

Featured Judgments

OS/100503/2018

Chaitanya Gudela vs T.Erriswamy

30 Sep 2019

In the Court of the II Additional Junior Civil Judge, Ananthapuramu.

Present:- Smt S. Bhargavi, III Additional Junior Civil Judge,

Ananthapuramu.

(FAC) II Additional Junior Civil Judge, Ananthapuramu.

Monday, the 30 th Day of September, 2019

ORIGINAL SUIT NO.503/2018

Between:

M/s.Mahindra Rural Housing Finance Company Ltd. Head Office at Sadhana House, Behind Mahindra Towers, 570, P.B.Marg, Worli, Mumbai, Branch Office at Ananthapuramu, Represented by its G.P.A. Holder Chaintanya Gudela, S/o G.Nageswara Rao, Aged 25 years, Assistant Manager, Litigation, Ananthapuramu, Andhara Pradesh. …Plaintiff.

And

1.Talari Erriswami, S/o Obulesu, Hindu, Aged 42 years, Agriculture,

2.Talari Eramma, W/o Talari Erriswami, Hindu, age 33 years, Agriculture, Both are residing at D.No.2-211C, Antharaganga Village, Kuderu Mandal, Ananthapuramu. …Defendants.

This suit coming on 20.09.2019 for final hearing before me in the presence of Sri K.Sreenivasa Reddy, Advocate for the plaintiff and the defendants remained exparte, upon hearing the arguments on behalf of plaintiff and having stood over for consideration till this day, this court delivered the following:

J U D G M E N T

1. This is a suit filed for grant of preliminary decree for recovery of

Rs.51,660 being the principal and interest due on deed of mortgage dt:

08-09-2013 executed by first defendant, loan agreement executed by the defendants and deed of guarantee in favour of plaintiff’s company on 09-11-2012 by securing the suit property Rs.50,000/- agreeing to repay the same with interest at 12-47% p.a., in 60 monthly installments and for costs of the suit.

2. The brief averments of plaint are as follows:

The plaintiff submits the plaintiff is a reputed non banking Financial company extending Housing Financial services to the needy people, registered under Indian Companies Act, 1956, having Head office at Mumbai and having Branch offices all over India including one such branch office at

Ananthapuramu. The defendants are the debtors of the plaintiff. The plaintiff carries the business and also advanced the loans on security of the property for the purpose of construction of the house and under property mortgages scheme amongst other types of activities regulated by the Act and Rules amened therein.

The defendants approached th plaintiffs company at Ananthapuramu branch with a request for availing/sanction of Housing Loan. Accordingly the plaintiff’s company sanctioned a loan amount of Rs.50,000/- to the defendants vide Housing loan Agreement No.XRESANT00085989 dt:07-09- 2012. The defendants executed the loan Agreement on 09-11-2012 in favour of the plaintiff’s company. One Talari Chinna Anjineyulu, executed the Deed of Guarantee on the same day in favour of the plaintiff’s company. The plaintiff submits that the defendants executed a memorandum of deposit of title Deeds on 09-11-2012 in favour of the plaintiff’s company, mortgaging the plaint schedule property to the plaintiff’s company towards the security for the loan amount. The defendants deposited the original deed of

Mortgage vide Doc.No.7684/2012, dt:08-09-2012 stands in the name of 1st defendant with plaintiff’s company. The defendants further agreed to repay the loan amount of Rs.50,000/- in 60 monthly installments from the date of the agreement, with interest at 12.47% per annum at monthly rests with over due interest of 24% per annum. The possession of the property is with the 1st defendant. The plaintiff submits that after execution of all the documents by the defendants in favour of the plaintiff’s company, the plaintiff’s company disbursed the loan amount Rs.50,000/- to the defendants 3 including the processing Fee, Fire Insurance and Life Insurance premium etc.

Hence, the defendants received the said loan amount under Mortgage loan.

It is further submitted that subsequent to the above transactions, the defendants failed to repay any amount, in spite of repeated demands made by the plaintiff’s company through its executives and they have been postponing the repayment one one pretext or the other. Hence, this suit is filed.

3. Even though the suit summons were served on defendants, the defendants were called absent and no representation on 09-11-2018, and as such this Court set the defendants exparte.

4.The Plaintiff is examined as PW.1 and got marked Exs.A1 to A6.

5. Heard the learned counsel for the Plaintiff.

6. Now the points that arise for determination are:

1. Whether the Plaintiff is entitled for the Suit claim as prayed for?

2. To What relief?

POINT No.1:-

7. Even though the defendants are set ex parte, it is for the plaintiff to prove his case to avail judgment in his favour. To substantiate the case of the plaintiff, the plaintiff examined himself as PW.1, who filed his affidavit in lieu of his examination-in-chief wherein he reiterated the plaint pleadings and as such examination-in-chief of P.W.1 is nothing but replica of plaint. To prove the ocular evidence of PW.1 that the Defendant borrowed Rs.50,000/-, on 08.09.2012 from plaintiff, the plaintiff exhibited Exs.A1 to A6. Ex.A-1 is

Attested copy of certificate of incorporation of M/s Mahindra Rural Housing

Finance Ltd., dt:09-04-2007, Ex.A2 is attested copy of General power of attorney dt:29-09-2017, Ex.A3 is Loan offer letter vide application 4

No.1192730,dt:25-08-2012 Ex.A4 is Original Home loan agreement dt:09-11- 2012, Ex.A5 is Original deed of mortgage vide doc.No.7684/2012 of SRO

Ananthapuramu Rural executed by the 1st defendant in favour of the plaintiff’s company dt:08-09-2012, Ex.A6 is computer generated statement of loan amount from 16-08-2012 to 28-03-2018 dt:28-03-2018. On perusal of Exs.A.1 to A6 it seems that the defendants borrowed Rs.50,000/- from the plaintiff’s company and executed mortgage deed vide doc.No.7684/2012,dt 08-09-2012 agreeing to repay the same with interest at 12.47% p.a. On perusal of plaint and Exs.A.1 to A6, the evidence of PW.1 to that effect has been unrebutted. A conjoint reading of the evidence PW.1, the plaintiff has successfully proved his case that the defendants borrowed Rs.50,000/- under mortgage deed on 08-09-2012 from the plaintiff and executed Ex.A.5 registered mortgage deed, inspite of demands to repay the debt, the defendant failed to discharge the amount and as such the plaintiff is entitled to the suit claim. Accordingly, point No.1 is answered in favour of the plaintiff.

POINT No.2:-

8. In the result, suit is decreed with costs in favour of plaintiff against the defendant for Rs.51,660/- (Rupees Fifty one Thousands Six sixty only) along with subsequent interest at 12.47% p.a. on the principal amount of Rs.50,000/- from the date of suit till the date of decree and thereafter at 6% p.a. on the principal amount of Rs.50,000/- till realization. Six months time is granted for redemption.

Typed to my dictation, corrected and pronounced by me in open Court this the 30th day of September, 2019.

III Addl. Junior Civil Judge, FAC/II Addl. Junior Civil Judge, Ananthapuramu.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

Plaintiff : Defendant:

PW1: Chaitanya GudelaNone

Exhibits marked for the plaintiff

Ex.A-1:- Attested copy of certificate of incorporation of M/s Mahindra Rural Housing Finance Ltd., dt:09-04-2007 Ex.A2:-Attested copy of General power of attorney dt:29-09-2017. Ex.A3:-Loan offer letter vide application No.1192730,dt:25-08-2012. Ex.A4:-Original Home loan agreement dt:09-11-2012. Ex.A5:-Original deed of mortgage vide doc.No.7684/2012 of SRO Ananthapuramu Rural executed by the 1st defendant in favour of the plaintiff’s company dt:08-09-2012. Ex.A6:-Computer generated statement of loan amount from 16-08-2012 to 28-03-2018 dt:28-03-2018.

Exhibits marked for the defendant:Nil.

FAC/II AJCJ.

OS/100164/2018

State Bank of India, B.K.Samudram Branch., vs Balagonda Veera Nagappa

22 Oct 2019

In the Court of the II Additional Junior Civil Judge (Mobile),

Ananthapuramu.

Present:- Smt S. Bhargavi, III Additional Junior Civil Judge,

Ananthapuramu.

(FAC) II Additional Junior Civil Judge (Mobile), Ananthapuramu.

Tuesday, the 22 nd Day of October, 2019

ORIGINAL SUIT NO.164/2018

Between:

State Bank of India, Bukkarayasamudram Branch, Rep. by its chief Manager. …Plaintiff.

And

1.Balagonda Veera Nagappa, S/o Buseppa, Hindu, Major, Aged 72 years, JANTHULURU Village, Bukkarayasamudram Mandal, Ananthapur District.

2.Y.Naghabushanam, S/o Venkata Ramudu, Hindu, Major, Aged 47 years, JANTULURU Village, Bukkarayasamudram, Mandal, Ananthapur District.

3.Balagonda Nagabhushanam, S/o Veera Nagappa, Hindu, Major, Aged 37 years, JANTULURU Village, Bukkarayasamudram Mandal, Ananthapur Dist. …Defendants.

This suit coming on 17.10.2019 for final hearing before me in the presence of Sri M.Varada Raju, Advocate for the plaintiff and the defendants No. 1 to 3 remained exparte, upon hearing the arguments on behalf of plaintiff and having stood over for consideration till this day, this court delivered the following:

J U D G M E N T

1. The suit is filed by the Plaintiff’s bank for recovery of Rs.1,98,700/- being the principal and interest thereon due as per the ledger extract.

2. The brief averments of plaint are as follows:

The plaintiff is State Bank of India, is constituted under the state bank of India act 1955 having its branches all over India, with one such branch at

Bukkaraya Samudram represented by its chief Manager.

The plaintiff bank submits that the defendants have joined voluntarily together and formed the association as a self financing group in the name 2 and style BALAGONDA VEERA NAGAPPA SANGAM consists of three members with intent to carry on savings and credit and other economic activities for mutual benefit and the defendants are residents of Janthuluru village of

Bukkarayasamudram mandal of Ananthapur District and known to each other. The plaintiff bank further submits that on 08-08-2007 the defendants have approached the plaintiff bank for term loan/cash credit to a tune of

Rs.2,00,000/- and submitted the application form to the bank. The application submitted by the SFG to bank dt:08-08-2007. The defendants have also executed a loan sanction letter dt:08-08-2007 in favour of the bank. The defendants after forming themselves as SFG have executed a format of articles of Agreement and also an inter se agreement executed on 22-08-2007 and submitted the same along with the application form to the bank. The defendants have also executed Hypothecation agreement

dt:22-08-2007 for the lands situated in Janthuluru village and also agreed to

repay the loan amount with ten - half yearly installments commencing from 31-12-2007 to 30-06-2012 at Rs.20000/- plus interest.

The plaintiff bank further submitted that the defendant No.3 has executed a registered mortgage deed dt:10-08-2007 in favour of the bank mortgaging the schedule mentioned lands as collateral security in favour of the bank vide registered mortgage deed No.10222/2007 dt:10-08-2007. A true extract of the account showing the particulars of the loan account is filed till 22-02-2018. Inspite of several demands made by the plaintiff the defendants to pay the entire amount due under the mortgage deed but the defendants have not bestowed any interest to clear the loan account. The suit recovery of loan amount due under the registered mortgage deed by the defendants and as per the account extract for an amount of Rs.1,98,700/- and hence the suit.

3)The Defendant Nos.1 to 3 remained exparte dt:21-08-2018.

4)The Manager of the plaintiff’s bank was examined as PW1 and got marked Ex.A1 to A7 on behalf of the Plaintiff’s bank.

5)Heard the Plaintiff.

6)Now the points that arise for determination are :

1) Whether the Plaintiff’s bank is entitled for the suit amount as prayed for ?

2) To what relief?

POINT No.1:-

7)PW1- K.Shasidar Reddy deposed that he filed his chief affidavit in lieu of his chief examination and stated that the defendants No.1 to 3 approached to the plaintiff bank for loan amount of Rs.2,00,000/- to the defendants No.1 to 3 and after abiding to the all terms and conditions, defendants No.1 to 3 executed all necessary documents in favour of the

Bank, The loan Application Form Dt:08-08-2007 executed by D1 to D3 in favour of the bank under Ex.A1,The application submitted by the defendants to the plaintiff bank dt:08-08-2007, Ex.A2, Letter of sanction executed by the defendants dt:08-08-2007, Ex.A3, Format of articles of Agreement executed by the defendants SFG, dt:22-08-2007, Ex.A4, Inter-se-Agreement executed by the defendants SFG dt:22-08-2007, Ex.A5, Hypothecation agreement executed by the defendants in favour of the plaintiff bank

dt:22-08-2007, Ex.A6, Registered mortgage deed executed by the

defendants in favour of the bank, dt:10-08-2007, Ex.A7, Statement of accounts dt:22-02-2018 and subsequently failed to discharge the debt, hence the plaintiff bank made several demands on the defendants for repayment of amount due, but the defendants failed to repay the debt and due an amount of Rs.1,98,700/- as per the statement of Account under

Ex.A.7. Defendants inspite of service of summons, did not turn up to defend the case, hence they were set exparte. As such, the evidence of PW.1 4 coupled with Ex.A.1 to Ex.A.7 remains unchallenged and unrebutted. Hence the Plaintiff’s bank is entitled for the suit amount as prayed for. Accordingly, point No.1 is answered in favour of the Plaintiff.

POINT No.2:-

8)In the result, the suit is decreed with costs, against the defendants

No.1 to 3 for an amount of Rs.1,98,700/- (Rupees one lakh ninety eight thousand Seven hundred only) with subsequent interest at the rate of 12 percent per annum from the date of the suit till the date of decree and thereafter at 6 percent per annum from the date of decree till the date of realization. The redemption period is 6 months.

Typed to my dictation, corrected and pronounced by me in open Court this the 22nd day of October, 2019.

III Addl. Junior Civil Judge, FAC/II Addl. Junior Civil Judge, Ananthapuramu.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

Plaintiff : Defendant:

PW1: K.Shashidar Reddy -None-

Exhibits marked for the plaintiff:-

Ex.A-1:The application submitted by the defendants to the plaintiff bank

dt:08-08-2007.

Ex.A-2:Letter of sanction executed by the defendants dt:08-08-2007.

Ex.A-3:Format of articles of Agreement executed by the defendants SFG,

dt:22-08-2007.

Ex.A-4:Inter-se-Agreement executed by the defendants SFG dt:22-08-2007

Ex.A-5:Hypothecation agreement executed by the defendants in favour of the plaintiff bank dt:22-08-2007.

Ex.A-6: Registered mortgage deed executed by the defendants in favour of the bank, dt:10-08-2007.

Ex.A-7:Statement of accounts dt:22-02-2018.

Exhibits marked for the defendant:- Nil.

FAC/II AJCJ.

OS/471/2019

P. Rajagopal Reddy vs R. Sreenivasulu

18 Oct 2019

In the Court of the II Additional Junior Civil Judge (Mobile Court)

Ananthapuramu.

Present:- Smt S. Bhargavi, III Additional Junior Civil Judge

(Proh & Excise), Ananthapuramu.

(FAC) II Additional Junior Civil Judge, Ananthapuramu.

Friday, the 18 th Day of October, 2019

ORIGINAL SUIT NO.471/2019

Between:

P.Rajagopal Reddy, S/o P.Venkata Reddy, Aged 57 years, Hindu, Working as RTC Driver, R/o D.No.1-1-677, R.K.Nagar, Anantapuramu Dist.…Plaintiff.

And

R.Sreenivasulu, S/o R.Muneppa, Aged 46 years, Hindu, Working as Process Server, Nazarath Section, District court, Anantapuramu city & District. …Defendant.

This suit coming on 01.10.2019 for final hearing before me in the presence of Sri R.Narayana Reddy, Advocate for the plaintiff and the defendant remained exparte, upon hearing the arguments on behalf of plaintiff and having stood over for consideration till this day, this court delivered the following:

J U D G M E N T

1. This is a suit filed for recovery of Rs.6,01,400/- (Rupees Six Lakhs one thousand four hundred only) from the defendant, along with subsequent interest and for costs of the suit.

2. The brief averments of plaint are as follows:

On 10.04.2016 the defendant borrowed an amount of Rs.2,00,000/-,

Rs.1,50,000/-, respectively under ‘A’ and ‘B’ marked promissory notes from the plaintiff for his family necessities agreeing to repay the same with interest at the rate of 24% per annum and executed suit promissory note.

The Plaintiff demanded the defendant to repay the suit amount, the defendant did not pay any amount either towards the principal or interest so far under ‘A’ and ‘B’ marked promissory notes. Hence, this suit is filed.

3. Even though the suit summons were served on defendant, the defendant was called absent and no representation on 19.08.2019, and as such this Court set the defendant exparte.

4.The Plaintiff is examined as PW.1 and got marked Exs.A1 to A5.

5. Heard the learned counsel for the Plaintiff.

6. Now the points that arise for determination are:

1. Whether the Plaintiff is entitled for the Suit claim as prayed for?

2. To What relief?

POINT No.1:-

7. Even though the defendant is set ex parte, it is for the plaintiff to prove his case to avail judgment in his favour. To substantiate the case of the plaintiff, the plaintiff examined himself as PW.1, who filed his affidavit in lieu of his examination-in-chief wherein he reiterated the plaint pleadings and as such examination-in-chief of P.W.1 is nothing but replica of plaint. To prove the ocular evidence of PW.1 that the Defendant borrowed Rs.2,00,000/-,

Rs.1,50,000/- on 10.04.2016 respectively from plaintiff, the plaintiff exhibited

Ex.A1 to A5. Ex.A-1 is ‘A’ marked promissory note dt.10.04.2016, Ex.A-2 is ‘B’ marked promissory note dt.10.04.2016, Ex.A3 is Office copy of Legal notice,

Ex.A4 is Postal receipt, Ex.A5 is Acknowledgement card. On perusal of

Exs.A.1 to A5 it seems that the defendant borrowed Rs.2,00,000/-,

Rs.1,50,000/- respectively from the plaintiff and executed promissory notes on 10.04.2016 agreeing to repay the same with interest at 24% p.a. On perusal of plaint and Exs.A.1 to A.5, the evidence of PW.1 to that effect has been unrebutted. A conjoint reading of the evidence PW.1, the plaintiff has successfully proved his case that the defendant borrowed Rs.2,00,000/-,

Rs.1,50,000/- respectively on 10.04.2016 from the plaintiff and executed 3

Ex.A.1 and Ex.A-2 promissory notes, inspite of demands to repay the debt, the defendant failed to discharge the amount and as such the plaintiff is entitled to the suit claim. Accordingly, point No.1 is answered in favour of the plaintiff.

POINT No.2:-

8. In the result, suit is decreed with costs in favour of plaintiff against the defendant for Rs.6,01,400/- (Rupees Six Lakhs one thousand four hundred only) along with subsequent interest at 12% p.a. on the principal amount of Rs.3,50,000/- from the date of suit till the date of decree and thereafter at 6% p.a. on the principal amount of Rs.3,50,000/- till realization.

Typed to my dictation, corrected and pronounced by me in open Court this the 18th day of October, 2019.

III Addl. Junior Civil Judge,

FAC/II Addl. Junior Civil Judge, Ananthapuramu.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

Plaintiff : Defendant:

PW1: P.Rajagopal ReddyNone

Exhibits marked for the plaintiff

Ex.A-1:- ‘A’ marked Promissory note dt.10.04.2016. Ex.A-2:- ‘B’ marked Promissory note dt.10.04.2016. Ex.A-3:- Office Copy of legal notice dt:12-03-2019. Ex.A-4:- Postal Receipt. Ex.A-5:- Acknowledgement Card dt:14-03-2019 Exhibits marked for the defendant:Nil.

FAC/II AJCJ.

OS/684/2019

Sareddy Bhaskar Reddy vs J. Srinivasa Reddy

18 Oct 2019

In the Court of the II Additional Junior Civil Judge (Mobile),

Ananthapuramu.

Present:- Smt S. Bhargavi, III Additional Junior Civil Judge

(Proh.& Excise), Ananthapuramu.

(FAC) II Additional Junior Civil Judge, Ananthapuramu.

Friday, the 18 th Day of October, 2019

ORIGINAL SUIT NO.684/2019

Between:

Sareddy Bhaskar Reddy, S/o Late S.Balireddy, Aged 54 years, Hindu, Cultivation, R/o D.No.151, 1st Road, Ananthapuramu Town, Ananthapuramu District. …Plaintiff.

And

J.Srinivasa Reddy, S/o J.Pulla Reddy, Aged about 42 years, Hindu, Business, R/o D.No.1-4-571, H.L.C. Colony, Anantapuramu Town & District. …Defendant.

This suit coming on 30.09.2019 for final hearing before me in the presence of Sri P.Narayana Reddy, Advocate for the plaintiff and the defendant remained exparte, upon hearing the arguments on behalf of plaintiff and having stood over for consideration till this day, this court delivered the following:

J U D G M E N T

1. This is a suit filed for recovery of Rs.5,14,000/- (Rupees Five

Lakhs Fourteen Thousands only) from the defendant, along with subsequent interest and for costs of the suit.

2. The brief averments of plaint are as follows:

On 27-06-2016 the defendant borrowed an amount of Rs.3,00,000/-, under promissory note from the plaintiff for his family necessities agreeing to repay the same with interest at the rate of 24% per annum and executed suit promissory note. The Plaintiff demanded the defendant to repay the suit amount, the defendant did not pay any amount either towards the principal or interest so far under promissory note. Hence, this suit is filed.

3. Even though the suit summons were served on defendant, the defendant was called absent and no representation on 25-07-2019, and as such this Court set the defendant exparte.

4.The Plaintiff is examined as PW.1 and got marked Exs.A1 to A4.

5. Heard the learned counsel for the Plaintiff.

6. Now the points that arise for determination are:

1. Whether the Plaintiff is entitled for the Suit claim as prayed for?

2. To What relief?

POINT No.1:-

Rs. 3,00,000/-, Ex.A2 is office copy of legal notice issued to the defendant

dt:04-05-2019, Ex.A3 is Postal receipt dt:06-05-2019, Ex.A4 is

Acknowledgement card served on the defendant dt:09-05-2019. On perusal of Ex.A.1 it seems that the defendant borrowed Rs.3,00,000/- from the plaintiff and executed promissory note on 27-06-2016 agreeing to repay the same with interest at 24% p.a. On perusal of plaint and Ex.A.1 to A.4, the evidence of PW.1 to that effect has been unrebutted. A conjoint reading of the evidence PW.1, the plaintiff has successfully proved his case that the defendant borrowed Rs.3,00,000/-, on 27-06-2016 from the plaintiff and 3 executed Ex.A.1 promissory note, inspite of demands to repay the debt, the defendant failed to discharge the amount and as such the plaintiff is entitled to the suit claim. Accordingly, point No.1 is answered in favour of the plaintiff.

POINT No.2:-

8. In the result, suit is decreed with costs in favour of plaintiff against the defendant for Rs.5,14,000/- (Rupees Five Lakhs Fourteen

Thousands only) along with subsequent interest at 12% p.a. on the principal amount of Rs.3,00,000/- from the date of suit till the date of decree and thereafter at 6% p.a. on the principal amount of Rs.3,00,000/- till realization.

Typed to my dictation, corrected and pronounced by me in open Court this the 18th day of October, 2019.

III Addl. Junior Civil Judge,

FAC/II Addl. Junior Civil Judge, Ananthapuramu.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

Plaintiff : Defendant:

PW1: Sareddy Bhaskar ReddyNone

Exhibits marked for the plaintiff

Ex.A-1: Pronote dt.27.06.2016 executed by defendant in favour of plaintiff for Rs. 3,00,000/-. Ex.A2: Office copy of legal notice issued to the defendant dt:04-05-2019. Ex.A3 is Postal receipt dt:06-05-2019. Ex.A4 is Acknowledgement card served on the defendant dt:09-05-2019.

Exhibits marked for the defendant:Nil.

FAC/II AJCJ.

OS/533/2019

Parimi Subarshan Naidu vs S. Mahaboob Basha

25 Sep 2019

In the Court of the II Additional Junior Civil Judge, Ananthapuramu.

Present:- Smt S. Bhargavi, III Additional Junior Civil Judge,

Ananthapuramu.

(FAC) II Additional Junior Civil Judge, Ananthapuramu.

Wednesday, the 25 th Day of September, 2019

ORIGINAL SUIT NO.533/2019

Between:

Parimi Sudarshan Naidu, S/o P.Chalapathi Naidu, Hindu, Business, Aged about 33 years, R/o at D.No.6-4-474-1, Marughi Nagar, Ananthapuramu. …Plaintiff.

And

S.Mahaboob Basha, S/o Late S.Basheer, Muslim, Aged about 35 years, Employee, R/o at D.No.6-1-414, Lakshmi Nagar, Ananthapuramu, Working as Office Subordinate, Kuderu Mandal,Ananthapuramu District. …Defendant.

This suit coming on 16.09.2019 for final hearing before me in the presence of Sri NP.Sreenivasulu, Advocate for the plaintiff and the defendant remained exparte, upon hearing the arguments on behalf of plaintiff and having stood over for consideration till this day, this court delivered the following:

J U D G M E N T

1. This is a suit filed for recovery of Rs.2,23,600/- (Rupees two lakhs twenty three Thousands six hundred only) from the defendant, along with subsequent interest and for costs of the suit.

2. The brief averments of plaint are as follows:

On 05-11-2018 the defendant borrowed an amount of Rs.2,00,000/-, under promissory note from the plaintiff for his family necessities agreeing to repay the same with interest at the rate of 24% per annum and executed suit promissory note. The Plaintiff demanded the defendant to repay the suit amount, the defendant did not pay any amount either towards the principal or interest so far under promissory note. Hence, this suit is filed.

3. Even though the suit summons were served on defendant, the defendant was called absent and no representation on 12-06-2019, and as such this Court set the defendant exparte.

4.The Plaintiff is examined as PW.1 and got marked Ex.A1.

5. Heard the learned counsel for the Plaintiff.

6. Now the points that arise for determination are:

1. Whether the Plaintiff is entitled for the Suit claim as prayed for?

2. To What relief?

POINT No.1:-

Rs.2,00,000/-. On perusal of Ex.A.1 it seems that the defendant borrowed

Rs.2,00,000/- from the plaintiff and executed promissory note on 05-11-2018 agreeing to repay the same with interest at 24% p.a. On perusal of plaint and

Ex.A.1, the evidence of PW.1 to that effect has been unrebutted. A conjoint reading of the evidence PW.1, the plaintiff has successfully proved his case that the defendant borrowed Rs.2,00,000/-, on 05-11-2018 from the plaintiff and executed Ex.A.1 promissory note, inspite of demands to repay the debt, the defendant failed to discharge the amount and as such the plaintiff is 3 entitled to the suit claim. Accordingly, point No.1 is answered in favour of the plaintiff.

POINT No.2:-

8. In the result, suit is decreed with costs in favour of plaintiff against the defendant for Rs.2,23,600/- (Rupees two lakhs twenty three

Thousands six hundred only) along with subsequent interest at 12% p.a. on the principal amount of Rs.2,00,000/- from the date of suit till the date of decree and thereafter at 6% p.a. on the principal amount of Rs.2,00,000/- till realization.

Typed to my dictation, corrected and pronounced by me in open Court this the 25th day of September, 2019.

III Addl. Junior Civil Judge,

FAC/II Addl. Junior Civil Judge, Ananthapuramu.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

Plaintiff : Defendant:

PW1: Parimi Sudarshan NaiduNone

Exhibits marked for the plaintiff

Ex.A-1:-Pronote Dt:05-11-2018 executed by the defendant in favour of the plaintiff for Rs.2,00,000/-.

Exhibits marked for the defendant:Nil.

FAC/II AJCJ.

Order Record 211 total

Case No.	Parties	Date	Type	Outcome
OS/495/2019	K.C. Ramachandr Gowd vs B. Mune Naik	24 Dec 2019	Copy of Order	—
OS/957/2019	S.Alivelamma vs K. Venkatamma	24 Dec 2019	Copy of Order	—
OS/1428/2019	Smt. K. Lakshmi Devi vs K. Aathavullah	24 Dec 2019	Copy of Order	—
OS/803/2019	N. Adisesha Reddy vs S.Anil Kumar	23 Dec 2019	Copy of Order	—
OS/1392/2019	Bommineni Bhuvaneswari vs Kondapalli Ramaraju	23 Dec 2019	Copy of Order	—
EP/100352/2014	V.Sreedhar Reddy vs A.Padma	20 Dec 2019	Copy of Order	—
OS/100124/2018	State Bank of India, Narpala branch vs M.Lakshmidevi	20 Dec 2019	Copy of Order	—
OS/180/2014	A.Parveen vs A.Fakruddin	19 Dec 2019	Copy of Order	—
OS/389/2011	Bestha Naga .Nandini.age19. vs Bestha .Venkata Lakskhmmi.	19 Dec 2019	Copy of Order	—
OS/465/2014	K.Venkata Rami Reddy vs P.Prasad	19 Dec 2019	Copy of Order	—
OS/579/2011	M.Mallakka.Age 45. vs M.Peddanna. Age 45.	18 Dec 2019	Copy of Order	—
OS/708/2018	Shaik Haseena vs G. Mynuddin	18 Dec 2019	Copy of Order	—
DVC/5/2018	D. Sree Archana vs C. Chandra Sekhar,	18 Dec 2019	Copy of Order	—
OS/97/2019	Gogula Nagamma, 45 yrs, vs Gogula Siva Kumari, 24 yrs,	14 Dec 2019	Copy of Order	—
OS/1115/2019	Mulla Javeed vs M. Ayesha	14 Dec 2019	Copy of Order	—
OS/1474/2019	T. Ramanjineyulu vs H. Obilesu	14 Dec 2019	Copy of Order	—
OS/100594/2018	Shaik Firoz Ahamed vs Nagarchi Shakeela Begum	14 Dec 2019	Copy of Order	—
CC/100046/2019	SHO of III Town P.S., Anantapuramu. vs Talari Narendra @ Boya Narendra	14 Dec 2019	Copy of Order	—
CC/100151/2019	S.H.O Garladinne Ps.,Anantapuramu. vs Atla Rajasekhar	14 Dec 2019	Copy of Order	—
CC/100158/2019	S.H.O. III town Ps, Anantapuramu vs Andra Bhaskar Naidu	14 Dec 2019	Copy of Order	—
CC/100181/2019	SHO of Rapthadu P.S., Anantapuramu Dist. vs Kadithi Ramana, A1	14 Dec 2019	Copy of Order	—
CC/100183/2019	SHO of B.K.Samudramu P.S vs Palle Sai Kumar Reddy	14 Dec 2019	Copy of Order	—
CC/100256/2019	SHO of Garladinne P.S. vs M. Gandla Subramanyam	14 Dec 2019	Copy of Order	—
CC/100271/2019	SHO of Garladinne P.S. vs N. Vijay Kumar Reddy	14 Dec 2019	Copy of Order	—
CC/100285/2019	S.H.O Garladinne PS vs T.Ravi@T.Narasimhulu	14 Dec 2019	Copy of Order	—
CC/100319/2019	S.H.O Garladinne PS vs Turupinti Salamma	14 Dec 2019	Copy of Order	—
CC/100336/2019	S.H.O Rapthadu PS vs Dasari Narayana Swamy	14 Dec 2019	Copy of Order	—
CC/100349/2019	S.H.O III town PS, Anantapuramu vs Anil Kumar @ Annappa	14 Dec 2019	Copy of Order	—
CC/100502/2019	B.K.Samudramu P.S. vs Malagonda Suresh @ Suri	14 Dec 2019	Copy of Order	—
CC/100503/2019	B.K.Samudramu P.S. vs Gangireddygari Nageswara Reddy, A-1	14 Dec 2019	Copy of Order	—
CC/100506/2019	SHO of Garladinne P.S. vs P. Rajesh @ Golla Rajesh	14 Dec 2019	Copy of Order	—
CC/100519/2019	SHO of III Town P.S. vs Kammara Mahesh	14 Dec 2019	Copy of Order	—
CC/100520/2019	SHO of III Town P.S. vs Vadde Adinarayana	14 Dec 2019	Copy of Order	—
CC/100527/2019	SHO of III Town P.S., Anantapuramu Town. vs Nulakathata Lakshmi Narayana	14 Dec 2019	Copy of Order	—
CC/100561/2019	B.K. Samudramu P.S. vs Mantri Sundar Sekhar	14 Dec 2019	Copy of Order	—
CC/100563/2019	B.K.Samudram P.S. vs Bandi Anil, (A-1)	14 Dec 2019	Copy of Order	—
CC/100583/2019	SHO of III Town P.S. vs Endla Bramhananda Reddy	14 Dec 2019	Copy of Order	—
CC/100587/2017	The SHO Bukkaraya Samudram Police Station vs Vadde Chowdappa	14 Dec 2019	Copy of Order	—
CC/100587/2019	B.K.Samudramu P.S. vs Cheemala Raghu	14 Dec 2019	Copy of Order	—
CC/100595/2019	SHO Rapthadu P.S. vs Uppara Satyamaiah @ Sathyanarayana	14 Dec 2019	Copy of Order	—
CC/100599/2019	SHO of B.K.Samudramu P.S. vs Ponnapati Sudhakar Reddy	14 Dec 2019	Copy of Order	—
CC/100615/2019	SHO of Rapthadu P.S. vs Sangireddy Amarnath Reddy	14 Dec 2019	Copy of Order	—
CC/100653/2019	SHO of Garladinne P.S. vs Yerukala Anjaneyulu	14 Dec 2019	Copy of Order	—
CC/100683/2019	SHO of B.K.Smudramu P.S. vs Chalapala Linga Reddy, A-1	14 Dec 2019	Copy of Order	—
CC/100691/2019	SHO of B.K.Samudramu P.S. vs DHanareddigari Jayachandra Reddy @ Babu	14 Dec 2019	Copy of Order	—
CC/100694/2019	SHO of B.K.Samudramu P.S. vs Madhyanam Narayanaswamy @ Gidd Narayanaswamy	14 Dec 2019	Copy of Order	—
CC/100695/2019	SHO of B.K.Samudramu P.S. vs Vetti Narayana	14 Dec 2019	Copy of Order	—
CC/100703/2019	SHO of III Town P.S.,Anantapuramu Town vs Dalavayi Ramu, A-1	14 Dec 2019	Copy of Order	—
CC/100717/2019	SHO Garladinne p.S. vs M. Nallappa Reddy	14 Dec 2019	Copy of Order	—
CC/100718/2019	SHO of III Town P.S. vs Sunku Jayaram @ Jayaram	14 Dec 2019	Copy of Order	—
CC/100719/2019	SHO of III Town P.S. vs Lanka Raju	14 Dec 2019	Copy of Order	—
CC/100724/2019	SHO of III Town P.S. vs Pasupuleti Sriharsha	14 Dec 2019	Copy of Order	—
CC/100730/2019	SHO of III Town P.S. vs Kadavakuntla Anil Kumar	14 Dec 2019	Copy of Order	—
CC/100735/2019	SHO of III Town P.S. vs Moade Varadarajulu Naik	14 Dec 2019	Copy of Order	—
CC/100736/2019	SHO of III Town p.S. vs Gooty Naveen Reddy	14 Dec 2019	Copy of Order	—
CC/100737/2019	SHO of Garladinne P.S. vs V. Gampa Gangadhar	14 Dec 2019	Copy of Order	—
CC/100738/2019	SHO of Garladinne P.S. vs P.B. Prathap Reddy	14 Dec 2019	Copy of Order	—
CC/100740/2019	SHO of Garladinne P.S. vs G. Bramhanandam	14 Dec 2019	Copy of Order	—
CC/100741/2019	SHO of Garladinne P.S. vs M.H. Pulla Reddy	14 Dec 2019	Copy of Order	—
CC/100742/2019	SHO of Rapthadu P.S. vs A. Babavali	14 Dec 2019	Copy of Order	—
DVC/36/2018	M. Bhavani @ Nandini vs A. Anneppa @ Anil Kumar	14 Dec 2019	Copy of Order	—
DVC/100027/2016	T. Rajani, vs T. Sreekanth,	14 Dec 2019	Copy of Order	—
DVC/1000027/2017	N. Nagamani vs J. Hari Prasad,	14 Dec 2019	Copy of Order	—
CC/100458/2019	SHO of Rapthadu P.S. vs Pachodil Nagendra, (A-1)	13 Dec 2019	Copy of Order	—
OS/101/2019	P.Kondanna, 51 yrs vs Bandi Nagaraju, 45 yrs	11 Dec 2019	Copy of Order	—
OS/105/2019	P.Janardhan, 30 yrs vs Bandi Nagaraju, 45 yrs	11 Dec 2019	Copy of Order	—
OS/100480/2016	S.Mahaboob bee @ bee bee, 43 years vs B.Sreeramulu, 52 years	10 Dec 2019	Copy of Order	—
CC/100173/2019	S.H.o III town PS, Anantapuramu vs Vadde Dalavai Chinna Venkata Ramudu	06 Dec 2019	Copy of Order	—
DVC/73/2018	B. Resma vs Shaik Babavali	02 Dec 2019	Copy of Order	—
DVC/100030/2018	N.S.Keerthana vs Y.Balaraju	30 Nov 2019	Copy of Order	—
OS/100578/2017	Enti Ramanaiah vs K,.Kesavaiah	28 Nov 2019	Copy of Order	—
OS/100457/2017	M.Pullamma vs M.Raveendra Babu	27 Nov 2019	Copy of Order	—
CC/100321/2019	S.H.O III town PS, Anantapuramu vs Yakasiri Balaraju	27 Nov 2019	Copy of Order	—
MC/100011/2018	C. Bheemalingappa vs C. Sreenivasulu	22 Nov 2019	Copy of Order	—
OS/98/2015	U.Pullamma vs U.Victoriyamma	21 Nov 2019	Copy of Order	—
CC/100407/2019	SHO of Garladinne P.S., Anantapuramu vs Talupuri Subba Reddy	21 Nov 2019	Copy of Order	—
CC/100705/2019	SHO of Garladinne P.S. vs Talupuri Chenna Reddy	21 Nov 2019	Copy of Order	—
CC/100707/2019	SHO of III Town P.S. vs Balireddigari Masthan Reddy	21 Nov 2019	Copy of Order	—
PRC/100042/2019	SHO of Garladinne P.S. vs Malisetty Ramu	20 Nov 2019	Copy of Order	—
CC/100350/2019	S.H.O III town PS, Anantapuramu vs Bajanthri Durga Siva Prasad	19 Nov 2019	Copy of Order	—
DVC/10043/2019	K. Sujatha vs K. Shivaraju	13 Nov 2019	Copy of Order	—
CC/12/2019	Sub-Inspector of police Anantapuramu III PS. vs Gopal Reddy	08 Nov 2019	Copy of Order	—
CC/2001294/2017	C.Muni Sekhar vs Sudhakar Reddy	07 Nov 2019	Copy of Order	—
OS/188/2019	K. Bala Muddanna vs Shaik Allahbi	04 Nov 2019	Copy of Order	—
CC/100025/2018	S. Ramatheertha vs Y. Venkataramana	04 Nov 2019	Copy of Order	—
CC/100319/2018	M/s Chalapathi Chit Fund Pvt. Ltd., Ananthapuramu vs Jangam Ganesh	04 Nov 2019	Copy of Order	—
CC/100066/2019	SHO III Town P.S., Anantapur vs Makireddy Thirupal Reddy	31 Oct 2019	Copy of Order	—
CC/1000076/2017	The SHO Ananthapuramu III Town Police Station vs Vadde Peetla Eeranna	31 Oct 2019	Copy of Order	—
OS/766/2019	Nayani Ramayya vs S.M.D. Jaffer	30 Oct 2019	Copy of Order	—
OS/100467/2018	Chaitanya Gudela vs Vayyala Ramalingaiah	29 Oct 2019	Copy of Order	—
CC/100670/2019	SHO of Garladinne P.S. vs K. Subbanna	29 Oct 2019	Copy of Order	—
OS/614/2018	Dasari Balanna vs L. Ramakrishana Reddy	25 Oct 2019	Copy of Order	—
OS/803/2018	K. Shafi vs Smt. Shaik Mona Sultana	24 Oct 2019	Copy of Order	—
CC/100282/2019	S.H.O B.K.Samudra PS vs Mylarapu Ramachandra Reddy	24 Oct 2019	Copy of Order	—
OS/491/2019	Pulivendula Viswanath Reddy vs G. Murali Mohan Reddy	23 Oct 2019	Copy of Order	—
OS/100164/2018	State Bank of India, B.K.Samudram Branch., vs Balagonda Veera Nagappa	22 Oct 2019	Copy of Judgment	—
OS/100685/2017	Kummathi Prameela @ Bandaru Prameela vs Bandaru Aruna	22 Oct 2019	Copy of Order	—
CC/100623/2019	SHO of III Town P.S. vs Kasarapu Mohan Kumar	22 Oct 2019	Copy of Order	—
DVC/100050/2018	B.Aruna vs B.Krishana Reddy	22 Oct 2019	Copy of Order	—
CC/100167/2018	P. Harsha vs S.P. Mahaboob Basha	21 Oct 2019	Copy of Order	—

Showing 100 of 211 orders — Log in to browse all pages.

Monthly Orders (Last 12 Months)

Dec 2019		69
Nov 2019		17
Oct 2019		20
Sep 2019		49
Aug 2019		20
Jul 2019		47

Frequently Asked Questions

How many cases has S.Bhargavi, Mobile Court handled?

S.Bhargavi, Mobile Court has handled 222 court orders since 2019 at Prl. District & Sessions Court, ANANTHAPURAMU (District). The average disposal rate is 37 orders per month.

What types of cases does S.Bhargavi, Mobile Court hear?

Based on available records, S.Bhargavi, Mobile Court primarily handles Criminal matters (Criminal Cases, Domestic Violence Cases) and Civil matters (Original Suits, Execution Petitions) at Prl. District & Sessions Court, ANANTHAPURAMU (District).

Where is S.Bhargavi, Mobile Court currently posted?

S.Bhargavi, Mobile Court is posted as Spl.JFCM Mobile for trial of cases under PCR Act Cum II Addl. Jr.Civil Judge Court Judge at Prl. District & Sessions Court, ANANTHAPURAMU (District), Ananthapur, Andhra Pradesh.

Are judgments by S.Bhargavi, Mobile Court available online?

Yes. 5 judgments by S.Bhargavi, Mobile Court are available on Legistro with full text, outcome, and sections cited.

How fast does S.Bhargavi, Mobile Court dispose cases?

S.Bhargavi, Mobile Court disposes approximately 37 cases per month, based on 222 orders handled over their tenure at Prl. District & Sessions Court, ANANTHAPURAMU (District).

Since when is S.Bhargavi, Mobile Court serving?

S.Bhargavi, Mobile Court has been serving at Prl. District & Sessions Court, ANANTHAPURAMU (District) since 2019.

Case Types

CC 54%

OS 34%

DVC 8%

MC 3%

EP 1%

PRC 1%

Posting History

Jun 2019 — Jan 2020

Spl.JFCM Mobile for trial of cases under PCR Act Cum II Addl. Jr.Civil Judge Court Judge · 222 orders

Other Judges at this Court

Sri. E Bhima Rao

Principal District and Sessions Judge

1,187 orders

Smt. C. Satya Vani

I Addl. District Judge

0 orders

Sri D. Ramulu IIADJ

II Addl. District Judge

0 orders

Smt N Satyasri

III Addl. District Judge

0 orders

B.babu Naik

IV Addl. District Judge

3 orders

T.kesava

SC/ST Court Cum Addl. District Judge

19 orders

Sri G Sridevi

Chairman Cum Labor Court, Anantapur

185 orders

Sri C.N.Murthy

VII ADJ - Cum - Judge Family Court

0 orders

Smt A Padma

Prl. Senior Civil Judge, Anantapur

635 orders

G.shiva Prasad Yadav

Addl. Senior Civil Judge, Anantapur

833 orders

Sri K Bala Koteswara Rao

Principal Junior Civil Judge Cum Judicial Magistra...

1,158 orders

Smt. Harika Ravuri

I Addl.Junior Civil Judge Cum I Addl. Judl. Magist...

704 orders

D. Pavani

Spl.JFCM Mobile for trial of cases under PCR Act C...

41 orders

← View all judges at Prl. District & Sessions Court, ANANTHAPURAMU (District)