Shaik Babajan

1 jcj pakala

IN THE COURT OF THE CIVIL JUDGE (JUNIOR

DIVISION):: PAKALA.

Present:: Sri Shaik Babajan, IV Addl.Civil Judge (Junior Division), Chittoor, FAC/Civil Judge(Junior Division), Pakala.

FRIDAY, THIS THE 1st DAY OF NOVEMBER, 2024

ORIGINAL SUIT NO. 20 OF 2024

Between:

V.Chiranjeevi, . . . Plaintiff.

And:

N.Ramamoorthy, . . . Defendant.

This suit is coming on 25.10.2024 this day before me for final hearing in the presence of Sri J.M.Gowri Shankara Raju, Advocate for the Plaintiff and the defendant remained exparte and that the same 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 a sum of Rs.11,146/- (Rupees

Eleven thousand one hundred and forty six only) being principal and interest due under promissory note dated 4.3.2018 for Rs.5,000/- and with subsequent interest and costs of the suit.

2. The brief facts of the suit is:

The defendant himself as a manager of the joint family borrowed a sum of Rs.5,000/- (Rupees five thousands Only) from the plaintiff on 4.3.2018 and in evidence there of the defendant executed demand promissory note in favour of the plaintiff, promising to repay the same with 2 jcj pakala interest at 24%p.a.

The plaintiff further submits that the defendant did not pay any amount and inspite of repeated oral demands made by the plaintiff, the defendant post phoned day to day and finally he paid an amount of Rs.1000/- on 23.2.2021 towards part payment of endorsement and the same was endorsed on the back side of the pronote. Later in spite of repeated oral demands made by the plaintiff, the defendant did not pay any amount.

Hence, the suit.

4.Even though defendant not received the summons, but he refused the summons. Hence, this Court set the defendant as ex-parte on 28.3.2024. Though the defendant remained exparte as per Section 101 of the Indian evidence Act, 1872 the burden of proof lies on the plaintiff to prove his case.

5.On behalf of the plaintiff, Plaintiff examined himself as P.W.1 and got marked Ex.A1 & A2.

6.Heard the Learned counsel for the plaintiff.

7.Now, the point for the determination is:-

Whether the Plaintiff is entitled for the relief as sought for?.

8Point:- It is the case of the plaintiff that, the defendant himself as a manager of the joint family borrowed a sum of Rs.5,000/- (Rupees five thousands Only) from the plaintiff on 4.3.2018 and in evidence there of the defendant executed demand promissory note in favour of the plaintiff, promising to repay the same with interest at 24%p.a.

3 jcj pakala

The plaintiff further submits that the defendant did not pay any amount and inspite of repeated oral demands made by the plaintiff, the defendant post phoned day to day and finally he paid an amount of Rs.1000/- on 23.2.2021 towards part payment of endorsement and the same was endorsed on the back side of the pronote. Later in spite of repeated oral demands made by the plaintiff, the defendant did not pay any amount. Later failed to discharge the amount.

9.To prove his case, Plaintiff himself examined as P.W.1 and filed his chief-examination affidavit by reiterating the averments of the plaint and

Exhibit A1 and A2 are marked. On perusal of the record, the sworn affidavits and the documentary evidence adduced by the P.w.1. Ex.A1 is the Suit Promissory Note for Rs.5,000/- executed by the defendant in favour of the plaintiff, dt.4.3.2018 and Ex.A2 is the endorsement of payment for Rs.1,000/- dt.23.2.2021. Since the evidence as well as the contents of Ex.A1 and A2 remained unchallenged, this court finds no reason to disbelieve the same. Therefore, this court feels that the plaintiff established his case by adducing oral and documentary evidence.

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

10.In the result, the suit is decreed with costs in favour of plaintiff against the defendant directing to pay a sum of Rs.11,146/- (Rupees

Eleven thousand one hundred and forty six only) together with interest at the rate of 12% per annum from the date of the filing of the Suit, till the date of the decree and thereafter at 6% per annum on principal sum of 4 jcj pakala

Rs.5,000/- from the date of the decree, till the date of realization of the decree.

Typed to my dictation by the Addl.Steno, corrected and

pronounced by me in the open court on this, the 1st day of

November, 2024.

Sd/-Shaik Babajan/-

IV ADDL.CIVIL JUDGE (J.D),

CHITTOOR.

FAC/CIVIL JUDGE (JD), PAKALA.

Appendix of evidence

Witness is examined on behalf of the Plaintiff : Defendant :

PW1: V.Chiranjeevi, exparte

Exhibits marked on behalf of the Plaintiff :

Ex.A1 is the Suit Promissory Note for Rs.5,000/- executed by the defendant in favour of the plaintiff, dt.4.3.2018,

Ex.A2 is the endorsement of payment for Rs.1,000/- dt.23.2.2021.

Defendant:

Nil. ID/-S.S/-

IV ACJ (JD).,CTR,

FAC/CJ (JD),PKL.

fair Judgment.

1 jcj pakala

IN THE COURT OF THE CIVIL JUDGE (JUNIOR

DIVISION):: PAKALA.

Present:: Sri Shaik Babajan, IV Addl.Civil Judge (Junior Division), Chittoor, FAC/Civil Judge(Junior Division), Pakala.

FRIDAY, THIS THE 1st DAY OF NOVEMBER, 2024

ORIGINAL SUIT NO. 20 OF 2024

Between:

V.Chiranjeevi, . . . Plaintiff.

And:

N.Ramamoorthy, . . . Defendant.

This suit is coming on 25.10.2024 this day before me for final hearing in the presence of Sri J.M.Gowri Shankara Raju, Advocate for the Plaintiff and the defendant remained exparte and that the same 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 a sum of Rs.11,146/- (Rupees

Eleven thousand one hundred and forty six only) being principal and interest due under promissory note dated 4.3.2018 for Rs.5,000/- and with subsequent interest and costs of the suit.

2. The brief facts of the suit is:

The defendant himself as a manager of the joint family borrowed a sum of Rs.5,000/- (Rupees five thousands Only) from the plaintiff on 4.3.2018 and in evidence there of the defendant executed demand promissory note in favour of the plaintiff, promising to repay the same with 2 jcj pakala interest at 24%p.a.

The plaintiff further submits that the defendant did not pay any amount and inspite of repeated oral demands made by the plaintiff, the defendant post phoned day to day and finally he paid an amount of Rs.1000/- on 23.2.2021 towards part payment of endorsement and the same was endorsed on the back side of the pronote. Later in spite of repeated oral demands made by the plaintiff, the defendant did not pay any amount.

Hence, the suit.

4.Even though defendant not received the summons, but he refused the summons. Hence, this Court set the defendant as ex-parte on 28.3.2024. Though the defendant remained exparte as per Section 101 of the Indian evidence Act, 1872 the burden of proof lies on the plaintiff to prove his case.

5.On behalf of the plaintiff, Plaintiff examined himself as P.W.1 and got marked Ex.A1 & A2.

6.Heard the Learned counsel for the plaintiff.

7.Now, the point for the determination is:-

Whether the Plaintiff is entitled for the relief as sought for?.

8Point:- It is the case of the plaintiff that, the defendant himself as a manager of the joint family borrowed a sum of Rs.5,000/- (Rupees five thousands Only) from the plaintiff on 4.3.2018 and in evidence there of the defendant executed demand promissory note in favour of the plaintiff, promising to repay the same with interest at 24%p.a.

3 jcj pakala

The plaintiff further submits that the defendant did not pay any amount and inspite of repeated oral demands made by the plaintiff, the defendant post phoned day to day and finally he paid an amount of Rs.1000/- on 23.2.2021 towards part payment of endorsement and the same was endorsed on the back side of the pronote. Later in spite of repeated oral demands made by the plaintiff, the defendant did not pay any amount. Later failed to discharge the amount.

9.To prove his case, Plaintiff himself examined as P.W.1 and filed his chief-examination affidavit by reiterating the averments of the plaint and

Exhibit A1 and A2 are marked. On perusal of the record, the sworn affidavits and the documentary evidence adduced by the P.w.1. Ex.A1 is the Suit Promissory Note for Rs.5,000/- executed by the defendant in favour of the plaintiff, dt.4.3.2018 and Ex.A2 is the endorsement of payment for Rs.1,000/- dt.23.2.2021. Since the evidence as well as the contents of Ex.A1 and A2 remained unchallenged, this court finds no reason to disbelieve the same. Therefore, this court feels that the plaintiff established his case by adducing oral and documentary evidence.

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

10.In the result, the suit is decreed with costs in favour of plaintiff against the defendant directing to pay a sum of Rs.11,146/- (Rupees

Eleven thousand one hundred and forty six only) together with interest at the rate of 12% per annum from the date of the filing of the Suit, till the date of the decree and thereafter at 6% per annum on principal sum of 4 jcj pakala

Rs.5,000/- from the date of the decree, till the date of realization of the decree.

Typed to my dictation by the Addl.Steno, corrected and

pronounced by me in the open court on this, the 1st day of

November, 2024.

Sd/-Shaik Babajan/-

IV ADDL.CIVIL JUDGE (J.D),

CHITTOOR.

FAC/CIVIL JUDGE (JD), PAKALA.

Appendix of evidence

Witness is examined on behalf of the Plaintiff : Defendant :

PW1: V.Chiranjeevi, exparte

Exhibits marked on behalf of the Plaintiff :

Ex.A1 is the Suit Promissory Note for Rs.5,000/- executed by the defendant in favour of the plaintiff, dt.4.3.2018,

Ex.A2 is the endorsement of payment for Rs.1,000/- dt.23.2.2021.

Defendant:

Nil. ID/-S.S/-

IV ACJ (JD).,CTR,

FAC/CJ (JD),PKL.

fair Judgment.

APCH020030682025

1 FAIR ORDER

IN THE COURT OF IV ADDITIONAL JUDICIAL MAGISTRATE OF I

CLASS CUM CIVIL JUDGE (JUNIOR DIVISION) :: CHITTOOR

PRESENT: Sri Shaik Babajan IV Addl.Judl.Magistrate of I Class Cum Civil Judge(Jr.Div), Chittoor

Monday, the Fourth (4th ) day of May, 2026.

O.E.P. No.162/2025

O.S. No.66/2025

Between:

N.Hemalatha,W/o.N.Chandrababu Naidu, Hindu, House wife cum Business, aged about 45 years, R/o D.No.5-55,S.R.Puram Village, Post and Mandal,Chittoor District. … Decree Holder And:

M.Ravi Kiran,S/o.Late M.Balakrishna,Hindu, Employee,aged about 50 years, R/o.D.No. 22-949/1,Muruganipalle,Kongareddipalle Area, Chittoor Town and District. Working in Commercial Tax Office,Kattamanchi,Chittoor Town and District. … Judgment Debtor.

This is an Execution Petition filed by Decree Holder against the

Judgment Debtor to issue Rule 37 notice to J.Dr., and if he fails to pay the

E.P. amount, commit him into Civil Prison under 21 Rules 37 and 38 of

CPC. for the recovery of E.P. amount and further interest and costs of the

Execution Petition.

This petition came up before me on 04.05.2026 for hearing in the presence of Sri V.Lokanadha Naidu, Advocate for D.Hr and Sri

M.Nambirajan, Advocate for Judgment debtor; and upon perusing the

APCH020030682025

2 FAIR ORDER material available on record and this court made the following :-

O R D E R

Full Satisfaction Memo filed on behalf of the Decree Holder, stating that Judgment debtor has paid the entire Execution Petition amount to the

Decree holder. Memo recorded. In view of Full Satisfaction Memo,

Execution Petition is terminated.

Pronounced by me in the open court, this the 4 th day of May, 2026.

Sd/-Shaik Babajan

IV Addl.Civil Judge (Jr. Division) Chittoor.

APPENDIX OF EVIDENCE

- N I L-

Sd/-Shaik Babajan

IV ACJ(Jr. Division) Chittoor.

APCH020030682025

3 FAIR ORDER

APCH020006422025

IN THE COURT OF IV ADDITIIONAL JUDICIAL MAGISTRATE OF I CLASS

CUM CIVIL JUDGE (JUNIOR DIVISION):: CHITTOOR

PRESENT: Sri. Shaik Babajan, IV Addl.Judl.Magistrate of I Class, Chittoor

Thursday, the Seventh(7th ) day of May, 2026.

S.T.C. No.133 OF 2025

Between:-

N.Hemalatha,W/o.N.Chandrababu Naidu, Hindu, House Wife Cum Business, aged about 45 years, R/o D.No.5-55 S.R.Puram Village, Post and Mandal,Chittoor District.

..Complainant.

And:-

M.Ravi Kiran,S/o.Late M.Balakrishna,Hindu,Employee, Aged about 50 years, R/o D.No.22-949/1,Murugani- Palle,Kongareddipalle Area,Chittoor Town and District, Working in Commercial Tax Office, Kattamanchi, Chittoor town and District.

..Accused.

This case came up before me on 07.05.2026 in the presence of Sri V. Lokanadha Naidu, Advocate for complainant and on payment of summon process

for accused, and this court made the following:-

J U D G M E N T

The complaint is filed by the complainant against the accused for the offence committed by the accused U/Sec.138 and 142 of N.I. Act. The counsel for complainant filed petition U/Sec.257 Cr.P.C to withdraw complaint as accused had paid entire cheque amount, and same is allowed. The complainant also appeared through VC and reported her willingness to withdraw complaint. Hence, complaint is dismissed as withdrawn. The accused is hereby acquitted.

Pronounced by me in the open Court on this the 7th day of May, 2026.

Sd/-Shaik Babajan

IV Addl.Judl.Magistrate of I Class, Chittoor.

APPENDIX OF EVIDENCE

- N I L- Sd/-Shaik Babajan IV Addl.Judl.Magistrate of I Class, Chittoor.

APCH020006412025

IN THE COURT OF IV ADDITIIONAL JUDICIAL MAGISTRATE OF I CLASS

CUM CIVIL JUDGE (JUNIOR DIVISION):: CHITTOOR

PRESENT: Sri. Shaik Babajan, IV Addl.Judl.Magistrate of I Class, Chittoor

Thursday, the Seventh(7th ) day of May, 2026.

S.T.C. No.132 OF 2025

Between:-

N.Hemalatha,W/o.N.Chandrababu Naidu, Hindu, House Wife Cum Business, aged about 45 years, R/o D.No.5-55 S.R.Puram Village, Post and Mandal,Chittoor District.

..Complainant.

And:-

M.Ravi Kiran,S/o.Late M.Balakrishna,Hindu,Employee, Aged about 50 years, R/o D.No.22-949/1,Murugani- Palle,Kongareddipalle Area,Chittoor Town and District, Working in Commercial Tax Office, Kattamanchi, Chittoor town and District.

..Accused.

This case came up before me on 07.05.2026 in the presence of Sri V. Lokanadha Naidu, Advocate for complainant and on payment of summon process

for accused, and this court made the following:-

O R D E R

The complaint is filed by the complainant against the accused for the offence committed by the accused U/Sec.138 and 142 of N.I. Act. The counsel for complainant filed petition U/Sec.257 Cr.P.C to withdraw complaint as accused had paid entire cheque amount, and same is allowed. The complainant also appeared through VC and reported her willingness to withdraw complaint. Hence, complaint is dismissed as withdrawn. The accused is hereby acquitted.

Pronounced by me in the open Court on this the 7th day of May, 2026.

Sd/-Shaik Babajan

IV Addl.Judl.Magistrate of I Class, Chittoor.

APPENDIX OF EVIDENCE

- N I L-

Sd/-Shaik Babajan

IV Addl.Judl.Magistrate of I Class, Chittoor.