Shaik Baba Fakroddin

1 O.S.No.242 of 2019

IN THE COURT OF THE JUNIOR CIVIL JUDGE:: JAMMALAMADUGU

Present:- Sri Shaik Baba Fakroddin,

Junior Civil Judge, Jammalamadugu.

Monday, this the 22 nd day of March, 2021

O.S.No.242 of 2019

Duggaiahgari Dharmasimha Reddy, s/o Rajasekhara Reddy, aged about 24 years, student, residing at D.No.2/150-3, Maruthi Nagar, Kadapa Dr. YSR District. … Plaintif

Vs

Rajula Venkatarami Reddy, s/o Narayana Reddy, 46 years, cultivation, residing at D.No.3/249-A, Ramachandranagar, Kondapuram Village & Mandal, Dr. YSR District. … Defendant

This suit is coming on 19.03.2021 for hearing before me in the presence of Sri M.S. Chandrasekhar Reddy, Advocate for the plaintiff and the defendant remained set exparte, and having stood over for consideration till this day, this court delivered the following.

JUDGMENT

This suit is filed by the plaintiff for permanent injunction restraining the defendant, his men, his agents from interfering with the peaceful possession and enjoyment of the plaint schedule land and cost of the suit and to grant such reliefs.

2. The averments in the Plaint, in brief, are as follows:

The plaintiff submitted that the plaintiff is absolute owner of the property shown in the plaint schedule, having purchased the same from its lawful owner Koneti Nagarjuna, on 15.11.2016, vide a registered sale deed for valuable consideration. The original registered sale deed is herewith filed as document No1. The registering authority also entered the transaction into the statement of encumbrance on property. The 2 O.S.No.242 of 2019 statement of encumbrance on property issued on 03-08-2019 by SRO,

Muddanur through Mee Seva is herewith filed as Document No-2. The plaintiff submits that ever since the purchase of the plaint schedule property, the plaintiff has been in possession and enjoyment of the same, to the exclusion of everybody including the defendant. In recognition of the purchase of the property, the revenue authorities also issued Pattadar

Passbook and Title Deed in favour of the plaintiff. The plaintiff planted sweet oranges 350 in number more than three years ago and raising the same by drip irrigation. He has also laid underground pipeline from

Chitravathi River for providing water supply to the same.

3.The plaintiff further submitted that his extent is Acs.2-35 in Sy.No.3/4 which is a patta land. The plaintiff is in possession and enjoyment of the schedule property. The revenue authorities also mutate the same in the records and the revenue authorities also recognized the possession and enjoyment of the suit schedule property and to that effect the revenue authorities issued 1 B Namoona and Adangal on 31.07.2019 in favour of the plaintiff. The plaintiff also applied for replacement of pass book and to issue E Pass Book on 06-12-2017 and it is pending with them. The defendant is trying to encroach into the land of the plaintiff and creating trouble to him. The plaintiff submits that he is a resident of Kadapa town, and his senior paternal uncle and his cousins are looking after the suit land. The plaintiff submits that because of the overbearing attitude of the defendant, plaintiff’s uncle and his cousins are scared to go to the field and cultivate the same. On 02.7.2019, the defendant and his men tried to trespass into the suit property; but the uncle and others could resist the highhanded attempts for occupation of the land by the defendant and sent 3 O.S.No.242 of 2019 them away. The plaintiff submits that the rainy season set in and there is every likelihood of the defendant and his men forcibly entering in to the suit land and cause damage to the interest of the plaintiff. There is apprehension that the defendant would again forcibly enter into the plaint schedule land and cause damage to the same. The plaintiff submits that he is no match to the highhanded and influential defendant. Hence the plaintiff is constrained to file the suit for permanent injunction restraining the defendant and his men from trespassing into and interfering with the paint schedule land. Hence, the suit.

4.Written statement not filed. Defendant called absent. No representation for defendant. Stipulated time is completed. Hence, defendant is set exparte.

5. Proof affidavit of plaintiff is filed, plaintiff is examined as P.W.1 and

Ex.A1 to Ex.A9 are marked on his behalf.

6. Heard the counsel for the plaintiff. Perused the material on record.

7.The point for consideration is: Whether the plaintif is entitled for the suit claim as prayed for?

8. POINT:

In order to establish his contentions, the plaintiff himself got examined as P.W.1, and Ex.A1 to Ex.A9 marked on his behalf. As the defendant remained set exparte, it can be said that the evidence of P.W.1 as remained discredited and unchallenged. It would be relevant to refer to the documents relied upon by the plaintiff under Ex.A1 to Ex.A9. Ex.A1 is registered sale deed, dated 15-11-2016 stood in the name of plaintiff over the suit schedule property; Ex.A2 is statement of Encumbrances

Certificate, dated 03-08-2019 issued through mee seva; Ex.A3 is e- pattadar passbook bearing Khata No.786 stood in the name of vendor of plaintiff pertaining to suit schedule property; Ex.A4 is online extract of 4 O.S.No.242 of 2019 10B Register, dated 31-10-2016 stood in the name of vendor of plaintiff over the suit schedule property issued through mee seva; Ex.A5 is online extract of Adangal/Pahani, dated 31-10-2016 for the fasli 1426 stood in the name of vendor of plaintiff over the suits schedule property issued through mee seva; Ex.A6 online extract of 1-B Register, dated 31-07-2019 stood in the name of plaintiff over the suit schedule property issued through mee seva; Ex.A7 online extract of Adngal/Pahani, dated 31-07-2019 for the fasli 1429 stood in the name of plaintiff over the suit schedule property issued through mee seva; Ex.A8 service connection passbook with service No.908 stood in the name of vendor of plaintiff and Ex.A9 is online receipt bearing

No.AD1819058, dated 06-12-2017 issued for replacement of pattadar passbook. Since the defendant remained exparte in the suit, it can be said that an adverse inference can be drawn against the defendant to the effect that he has admitted the case of the plaintiff. Therefore, by virtue of the consistent and in-discredited evidence of PW.1 coupled with Ex.A1 to Ex.A9 and also his possession of suit schedule property, Court concludes that the plaintiff has established the Ex.A1 to Ex.A9 and as such, the plaintiff is entitled for suit claim as prayed for.

Hence, the point is answered in favour of the plaintiff.

9.In the result, the suit is decreed with costs, granting permanent injunction in favour of the plaintiff and against the defendant over the suit schedule property, restraining the defendant and his men from interfering with the peaceful possession and enjoyment of the plaintiff over the same.

Typed to my dictation by the Typist, corrected and pronounced by me in the open court on this the 22nd day of February, 2021.

Sd/- Shaik Baba Fakroddin

Junior Civil Judge, Jammalamadugu.

5 O.S.No.242 of 2019

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFF FOR DEFENDANT

P.W.1: Duggaiahgari Dharmasimha Reddy. - None -.

EXHIBITS MARKED

FOR PLAINTIFF:

Ex.A1: Registered sale deed, dated 15-11-2016 stood in the name of plaintiff over the suit schedule property;

Ex.A2: Statement of Encumbrances Certificate, dated 03-08-2019 issued through mee seva;

Ex.A3: e-pattadar passbook bearing Khata No.786 stood in the name of vendor of plaintiff pertaining to suit schedule property;

Ex.A4: Online extract of 10B Register, dated 31-10-2016 stood in the name of vendor of plaintiff over the suit schedule property issued through mee seva;

Ex.A5: Online extract of Adangal/Pahani, dated 31-10-2016 for the fasli 1426 stood in the name of vendor of plaintiff over the suits schedule property issued through mee seva;

Ex.A6: Online extract of 1-B Register, dated 31-07-2019 stood in the name of plaintiff over the suit schedule property issued through mee seva;

Ex.A7: Online extract of Adngal/Pahani, dated 31-07-2019 for the fasli 1429 stood in the name of plaintiff over the suit schedule property issued through mee seva;

Ex.A8: Service connection passbook with service No.908 stood in the name of vendor of plaintiff;

Ex.A9: Online receipt bearing No.AD1819058, dated 06-12-2017 issued for replacement of pattadar passbook

FOR DEFENDANT: Nil.

JCJ, JMD.

1 O.S.No.44/2021

IN THE COURT OF THE JUNIOR CIVIL JUDGE: JAMMALAMADUGU

Present : Sri Shaik Baba Fakroddin, Junior Civil Judge, Jammalamadugu.

Monday, the 22 nd day of March, 2021

O.S.No.44 of 2021

E-Andhra Bank, now Union Bank of India, represented by its Branch Manager, Proddatur road Branch, Jammalamadugu Town, Kadapa District. …. Plaintif

Vs.

1. Marthala Gurivi Reddy, s/o Gurivi Reddy, aged 54 years, Hindu, agricultural, residing at Bogalakatta village, Mylavaram Mandal, Kadapa District.

2. Madem Pedda Muni Reddy, s/o Muni Reddy, aged 59 years, Hindu, agricultural, residing at Gangula Narayana Palli village, Mylavaram Mandal, Kadapa District.

3. Madem Guru Sekhar Reddy, s/o Pedda Muni Reddy, aged about 32 years, Hindu, agricultural, residing at Gangula Narayana Palli Village, Mylavaram Mandal, Kadapa District. …. Defendants

This suit coming on this day, before me, in the presence of the Sri R. Madhava Rao, Advocate for the plaintiff; and having stood over for consideration, this court delivered the following;

ORDER

The suit is filed for recovery of Rs.73,460/- being the balance of principal and interest of the defendant loan document executed as on 18.02.2014 for Rs.5,00,000/- demand promissory note and composite agreement (for agriculture) in favour of the plaintiff bank repaying with interest at 12.5% PA with monthly rests and claimed as per statement of account. The defendant failed to repay the loan amount within stipulated period to the Bank and costs of the suit.

2. Full Satisfaction Memo filed on behalf of plaintiff Bank, with a request to dismiss the suit. Recorded. Suit is dismissed with costs as full satisfaction.

Typed to my dictation, by the Typist, corrected and pronounced by me in the open court, this the 22 nd day of March, 2021.

Sd/- Shaik Baba Fakroddin

Junior Civil Judge, Jammalamadugu.

APPENDIX OF EVIDENCE

- N I L -.

Sd/- S.Baba Fakroddin,

J.C.J., Jmd.

O.S.No.188/2019

IN THE COURT OF THE JUNIOR CIVIL JUDGE: JAMMALAMADUGU

Present : Sri Shaik Baba Fakroddin, Junior Civil Judge, Jammalamadugu.

Wednesday, the 24 th day of March, 2021

O.S.No.188 of 2019

1. Kristipati Leelavathi, w/o Eswara Reddy, Hindu, aged about 50 years, housewife, K.Kothapalle village, house No.3/35, Muddanur mandal.

2.Bhumireddy Kalavathi, w/o Sankara Reedy, Hindu, aged about 45 years, residing at Mallela village, house No.3/43, Thondur Mandalam, Kadapa District. Kadiri Eswaramma since died her L.Rs only son.

3. Kadiri Gangi Reddy, s/o Venkata Narapu Reddy, Hindu, aged about 32 years, residing at Yerraguntla village and mandal, house No.2/68-D, Sanram Veedhi.

…. Plaintiffs

Vs.

Guggulla Subbamma, w/o Guggulla Krishna Reddy, Hindu, aged about 53 years, residing Nallapalle village, House No.1/16, Muddanur mandal, Kadapa District. …. Defendant

This suit coming on this day, before me, in the presence of Sri K. Sreenivasu and Sri K. Rama Mohan, Advocates for the plaintiffs and of Sri K. Mahammad Syed, Advocate for respondent and having stood over for consideration, this court delivered the following;

ORDER

The suit is filed for partition of the plaint schedule property into four equal share and to be put in possession of their 1/4th share each of the plaint schedule property and costs of the suit.

2. I.A.No.266/2014 is allowed. Plaintiffs are permitted to withdraw the suit, by granting a permission to file fresh suit subject to the provision of Limitation Act. Thereby the suit is dismissed without costs as withdrawn.

Typed to my dictation, by the Typist, corrected and pronounced by me in the open court, this the 24 th day of March, 2021.

Sd/- Shaik Baba Fakroddin

Junior Civil Judge, Jammalamadugu.

APPENDIX OF EVIDENCE

- N I L -.

Sd/- S.Baba Fakroddin,

J.C.J., Jmd.

O.S.No.188/2019

IN THE COURT OF THE JUNIOR CIVIL JUDGE: JAMMALAMADUGU

Present : Sri Shaik Baba Fakroddin, Junior Civil Judge, Jammalamadugu.

Wednesday, the 24 th day of March, 2021

O.S.No.188 of 2019

1. Kristipati Leelavathi, w/o Eswara Reddy, Hindu, aged about 50 years, housewife, K.Kothapalle village, house No.3/35, Muddanur mandal.

2.Bhumireddy Kalavathi, w/o Sankara Reedy, Hindu, aged about 45 years, residing at Mallela village, house No.3/43, Thondur Mandalam, Kadapa District. Kadiri Eswaramma since died her L.Rs only son.

3. Kadiri Gangi Reddy, s/o Venkata Narapu Reddy, Hindu, aged about 32 years, residing at Yerraguntla village and mandal, house No.2/68-D, Sanram Veedhi.

…. Plaintiffs

Vs.

Guggulla Subbamma, w/o Guggulla Krishna Reddy, Hindu, aged about 53 years, residing Nallapalle village, House No.1/16, Muddanur mandal, Kadapa District. …. Defendant

This suit coming on this day, before me, in the presence of Sri K. Sreenivasu and Sri K. Rama Mohan, Advocates for the plaintiffs and of Sri K. Mahammad Syed, Advocate for respondent and having stood over for consideration, this court delivered the following;

ORDER

The suit is filed for partition of the plaint schedule property into four equal share and to be put in possession of their 1/4th share each of the plaint schedule property and costs of the suit.

2. I.A.No.266/2014 is allowed. Plaintiffs are permitted to withdraw the suit, by granting a permission to file fresh suit subject to the provision of Limitation Act. Thereby the suit is dismissed without costs as withdrawn.

Typed to my dictation, by the Typist, corrected and pronounced by me in the open court, this the 24 th day of March, 2021.

Sd/- Shaik Baba Fakroddin

Junior Civil Judge, Jammalamadugu.

APPENDIX OF EVIDENCE

- N I L -.

Sd/- S.Baba Fakroddin,

J.C.J., Jmd.

Firefoxhttp://172.17.69.200/swecourtis/kiosk/cases/cas...

In the Court of :Junior Civil Judge, Jammalamadugu

Case No. :OS/0000011/2020 Mitaigari Subhan Basha Vs Shaik Fakruddin

Date : 01-04-2021

Business: Matter taken up by V.Cjudgment pronounced in the open court(Vide seperate judgment) In theresult the suit is decreed with costsdirecting the defendants to pay the plaintiff a sum of Rs.4,30,500/- with interest at the rate of 12 percent per annum fro the date of suit to the date of decree and thereafter at six percent per annum from the date of decree to the date of realization on the principal sum of Rs.3,00,000/-. Nature of Disposal: DECREED WITH COSTS Disposal Date: 01-04-2021 Junior Civil Judge, Jammalamadugu 1 of 122/10/24, 5:16 pm