Smt. V. Shiva Ranjani

Page No. 1 of 5

IN THE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE AT

KHAMMAM

Dated this the 8th day of April, 2025

Present :- Ms. V. Shiva Ranjani, I Additional Senior Civil Judge, Khammam. FAC: II Additional Senior Civil Judge, Khammam.

.No. IP 7 of 20 23

Between:- Sangajogi Sanjiva Rao, S/o. Muthaiah, Age: 51 years, Occu: NIL, R/o.H.No.10-6-63/9, Mamillagudem, Khammam City & District. .… Insolvency Petitioner AND

1. Gandhari Narasimha Rao, S/o. Lingaiah, Age: 60 years, Occu: Kirana Shop, R/o. H.No.2-41, Muthagudem village, Khammam Rural & District.

2. Singajogi Venkanna, S/o. Muthaiah, Age: 36 years, Occu: Business, R/o.H.No.10-6-63/13, Mamillagudem, Khammam City & District. ….Respondents This suit is coming on 08.04.2025 before me for hearing in the presence of Sri R. Venkat, Learned counsel for the Insolvency Petitioner and respondents No.1 and 2 remained exparte; upon perusing the material papers available on record and the matter having stood over for consideration, till this day, the Court deliver the following:-

ORDER

1.This is a petition filed by the Insolvency petitioner to declare him as insolvent and adjudicate his assets and liabilities under Section 13 of

Provincial Insolvency Act and to grant any other reliefs.

2. The brief facts of the case are that:

a) It is submitted that, the Insolvency Petitioner is resident of

Mamillagudem of Khammam City and district. The Respondents no.1 and 2 are creditors and residing in different places of Khammam District. It is submitted that, the Insolvency Petitioner did Old Iron Scrap business in area of Khammam City, from last few years. During the said transaction

Page No. 2 of 5 IP.No.7 of 2023, dated 8.04.2025 II Additional Senior Civil Judge, Khammam.

he obtained loans from the creditors in the form of money in order to meet his business necessities. Subsequently he sustained huge losses in business transactions, due to Covid-19 lock down situation and other reasons as such the said business was adversely affected and he could not repay to his creditors.

b) It is submitted that, the petitioner required capital for business transactions and taking undue advantage of the acute necessity of money to the Petitioner when he was in critical need of money for the development of his business, the Respondents herein demanded for higher interest rates such as Rs.5/- per month to Rs. 10/- per month. The

Petitioner herein has no other go to get money for exorbitant interest rates to overcome the urgent need of money for the development of his business with a fond hope. But due to Covid-19 lock down and other reasons, the business was stuck but he had to pay the interest even without any business as the Respondent creditors squeezed the exorbitant interest without courtesy, as such the Petitioner herein fallen in debt trap.

c) It is submitted that, on seeing the weak position of Insolvency petitioner some of the Respondents forcibly obtained blank signed promissory notes, blank signed Cheques from the insolvency petitioner and bt keeping deaf ear to the words of the insolvency petitioner the creditors used to threaten him with severe consequences unless the debts are cleared. The insolvency petitioner approached the elders of the locality but the good words of the elders were also not respected by

Page No. 3 of 5 IP.No.7 of 2023, dated 8.04.2025 II Additional Senior Civil Judge, Khammam.

the creditors and further pressurized him for the clearance of the debts.

Thus the insolvency petitioner is caught in the web of debts' and unable to come out of the vicious circle. The petitioner has worth Rs.2,500/- house hold movable properties and had no immovable properties and the Respondent creditors insisting for their repayment together with interest and the petitioner committed defaults. The Respondents are threatening him with dire consequences. There is a danger to his life in the high hands of the Respondents. In the said circumstances Insolvency

Petitioner is compelled to file the present petition. It is submitted that, the Insolvency petitioner is a debtor and his debts are Rs.7,00,000/- and the insolvency petitioner further stated the particulars in the petition as required Under Sec. 13 of Provisional Insolvency Act.Thus, he stated that he is not in a position to discharge the debts of the respondents. Hence, the petition.

3.After receipt of notices, R.1 and R2 failed to appear before the court hence they are set ex-parte on 06.06.2023. Subsequently R1 and

R2 did not take any steps to come on record to defend the case on their behalf.

4.Heard the learned counsel for the petitioner. No documents were marked on his behalf.

5.Now the point for consideration is :

“Whether the petitioner is adjudicated as insolvent, as prayed for”?

Page No. 4 of 5 IP.No.7 of 2023, dated 8.04.2025 II Additional Senior Civil Judge, Khammam.

6.POINT:In order to prove the case of the petitioner, the petitioner himself examined as P.w.1 and filed examination in chief affidavit by reiterating the contents of the petition. According to P.W.1 he is doing old iron scrap business. P.w.1 borrowed heavy amounts from the respondents. The respondents claimed huge interests taking undue advantage of necessity and needs of P.W.1.

7.Unfortunately due to ups and downs in the Old Iron Scrap business, the petitioner incurred huge losses. Therefore, P.w.1 incurred huge debts and suffered losses and indebted huge amounts to so many people that he fell debted an amount of Rs.7,00,000/- to all the respondents.

8.According to P.w.1, the respondents are harassing and threatening him by manhandling for payment of credit amounts which is of

Rs.7,00,000/- as such the liabilities of P.w.1 is much higher than his earnings. Further, P.w.1 has worth of Rs.2,500/- household movable properties and had no immovable properties. There is no source of income to P.w.1, as such, he is unable to maintain himself and his family members. Thus, he is not in a position to discharge the debts of the respondents.

9.Firstly, it is strange that P.w.1 failed to file any document to show that he did Old Iron Scrap Business in the area of Khammam City at least the said license or account books or receipts of purchase of Iron from various places and the receipts of selling the scrap to various markets of Khammam District in order to prove his earnings.

Page No. 5 of 5 IP.No.7 of 2023, dated 8.04.2025 II Additional Senior Civil Judge, Khammam.

10.Secondly, the petitioner failed to disclose the dates when he obtained hand loans from the respondents or at least year of obtaining the said hand loans in the schedules. In the absence of the particular dates in the schedules and in the absence of filing documents as discussed above, the evidence of P.w.1 is not considerable. When the petitioner prayed the Court to declare him as insolvent, then burden lies on him to prove the same by adducing sufficient evidence. The sole testimony of P.w.1 alone is not sufficient to prove his case. As such, it is difficult to adjudge the petitioner as insolvent. Accordingly, point is answered.

11. In the result, the petition is dismissed without costs.

Typed to dictation by the Stenographer, corrected and pronounced by me, in the open Court on this the 8 th day of April, 2025.

Sd/-xx

II Additional Senior Civil Judge, Khammam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR INSOLVENCY PETITIONER FOR RESPONDENTS

PW-1S. Sanjiva Rao:: None::

DOCUMENTS MARKED FOR INSOLVENCY PETITIONER

- NIL-

DOCUMENTS MARKED FOR RESPONDENTS

- NIL-

Sd/-xx

II Additional Senior Civil Judge, Khammam.

***

TSKH020005402018

Presented on : 07-09-2018 Registered on : 07-09-2018 Decided on : 11-04-2025 Duration : 6 years, 7 months, 4 days

IN THE COURT OF

II Additional Senior Civil Judge -cum- Additional Assistant Sessions

Judge Khammam AT ,KHAMMAM

Presided Over by V.Shivaranjani

OS/100368/2018

Exhibit No.:

:

USHA SRI COTTON AND GINNING MILLS PRIVATE LIMITED

Age: 1 Occupation : Address: USHA SRI COTTON AND GINNING MILLS PRIVATE

LIMITED REP BY ITS MANAGING DIRECTOR, VIDE

REGD.NO.U17115AP2008PTC060565, CHEKURI SATYAM BABU, S/O SEETARAMAIAH LATE AGE.72, OCC BUSINESS, R/O H.NO.6-1- 183/1, VDO''S COLONY, KHAMMAM

VERSUS :CHEKURI SHEKAR Age: 43 Occupation : Address: OCC BUSINESS, R/O FLAT NO.501, S.S.TOWERS, 6-1- 312/16-1, VDO''S COLONY, KHAMMAM 2:CHEKURI SUJATHA Age: 40 Occupation :

OCC BUSINESS

R/O FLAT NO.501

S.S.TOWERS

6-1-312/16-1 VDO''S COLONY

KHAMMAM

3:TALLURI GANGADHAR Age: 45 Occupation :

OCC PRIVATE EMPLOYEE

R/O UYYALAVADA VILLAGE

DORNAKAL MANDAL

WARANGAL (PRESENTLY MAHABOOBABAD DISTRICT

----------------------------------------------------------------------------------------- Advocate for : SATYANARAYANA KOLLI Advocate for : appearing for CHEKURI SHEKAR: Advocate , appearing for 2, 3 respectively.

Claim :

JUDGMENT

(Delivered on 11-04-2025 )

ORDER

Plaintiff counsel present and did not come for wait to take any steps for plaintiff till today and both counsels present but even today no steps are filed by plaintiff counsel to braving the LRS of plaintiff on record even after giving ample opportunities and also failed to show any sufficient reason to this court for failing to file steps Hence it clear intends that there are no steps to be take hence this suit is dismissed as abated

Date : 11-04-2025 (V.Shivaranjani)

II Additional Senior Civil Judge -cum- Additional Assistant

Sessions Judge Khammam

,KHAMMAM

Dictated on :

Transcribed on : checked on : Signed on :

(V.Shivaranjani) {JUDGE_DESIGNATION_NAME}

,KHAMMAM

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TSKH020009892024

Presented on : 18-03-2017 Registered on : 04-04-2017 Decided on : 21-04-2025 Duration : 8 years, 1 months, 3 days

IN THE COURT OF

II Additional Senior Civil Judge -cum- Additional Assistant Sessions

Judge Khammam AT ,KHAMMAM

Presided Over by V.Shivaranjani

OS/442/2024

Exhibit No.:

: Adusumalli Satyanarayana Age: 49 Occupation : Address: H.no 6-3-228, bank colony, khanapuram Haveli, Khammam.

VERSUS : Mothukuri Mangaiah Age: 43 Occupation : Address: H.no 6-3-162 Bank Colony, Khammam.

2:Adusumalli Usha Rani Age: 48 Occupation : R/o.H.No.6-3-228 Bank Colony Khanapuram Haveli Khammam 3:Mekala Ram Mohan Rao Age: 46

Occupation : R/o.H.No.6-1-183 VDO''s Colony Khanapuram Haveli Khammam 4:Mekala Sunitha Age: 38 Occupation : R/o.H.No.6-1-183 VDO''s Colony Khanapuram Havelil Khammam Town and District 5:Kolli Rama Rao Age: 45 Occupation : R/o.H.No.2-41 Veladi Kothapalem Village Chanderlapadu Mandal Krishna District 6:Kolli Vijaya Laxmi Age: 42 Occupation : R/o.H.No.2-41 Veladi Kothapalem Village Chanderlapadu Mandal Krishna District 7:Kavurii Srinivas Rao Age: 49 Occupation : R/o.H.No.5-5-98 Sambhani Nagar Khammam Town and District 8:Kavuri Padmavathi Age: 48 Occupation : R/o.H.No.5-5-98 Sambhani Nagar Khamma Town and District 9:Kavuri Appa Rao

Age: 42 Occupation : R/o.Peddamunagala Village Konijerla Mandal Khamam Town and Distric ----------------------------------------------------------------------------------------- Advocate for : Advocate for : appearing for Mothukuri Mangaiah: Advocate , , , , , , , appearing for 2, 3, 4, 5, 6, 7, 8, 9 respectively.

Claim :

JUDGMENT

(Delivered on 21-04-2025 )

ORDER

Received From Register As LAC call before lok Adalat. Both parties called present. Filed terms of Compromise. Award Passed accordingly (Vide Separate).

Date : 21-04-2025 (V.Shivaranjani)

II Additional Senior Civil Judge -cum- Additional Assistant

Sessions Judge Khammam

,KHAMMAM

Dictated on :

Transcribed on : checked on : Signed on :

(V.Shivaranjani) {JUDGE_DESIGNATION_NAME}

,KHAMMAM

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IN THE COURT OF THE I.ADDITIONAL SENIOR CIVIL JUDGE, AT KHAMMAM

Dated this the 5th day of May, 2026. Present:- Smt.V.Shiva Ranjani I.Additional Senior Civil Judge, Khammam.

Original Suit No. 28/2021

Dondapati Veerabhadram ……….Plaintiff

And

1.Vadlamudi Venkaiah @ Venkateswarlu

2. Vadlamudi Muthamma,

3. Vadlamudi Satyanarayana,

4. Kanaparthy Vijayamma,

5. Vadlamudi Nageswara Rao, 6.Vadlamudi Naresh,

7. The Tahsildar, Raghunadhapalem Mandal …… Defendants CLAIM FOR:- This suit is filed for partition and separate possession of Item No.1 to 3 of the suit schedule property and for declaration to declare the preliminary decree dated.29.04.1994 and final decree dated.19.11.2015 passed in O.S.No.75/1992 on the file of the Senior Civil Judge, Khammam as null and void and not binding on the plaintiff and for perpetual injunction and deletion of name of the defendant No.3 from the revenue records in respect of Item No.4 of suit schedule property and to award cost. This suit is coming before me today in the presence of Sri.Miriayala Saideswara Rao and plaintiff; and upon perusing the material papers on record, the court passed the following:

DOCKET ORDER

Plaintiff counsel present.Plaintiff present. Defendants absent and their counsels absent. IA.No.9/2026 is allowed and as per the I.A. orders the plaintiff is at liberty to withdrawn suit on the file this court as he is not intending to proceed further with this case. Hence, this suit is dismissed as withdrawn.

Written and pronounced by me in the open Court on this the 5 th day of May, 2026.

//SD//

I.ADDITIONAL SENIOR CIVIL JUDGE,

KHAMMAM

IN THE COURT OF THE I.ADDITIONAL SENIOR CIVIL JUDGE, AT KHAMMAM

Dated this the 5th day of May, 2026. Present:- Smt.V.Shiva Ranjani I.Additional Senior Civil Judge, Khammam.

Original Suit No. 28/2021

Dondapati Veerabhadram ……….Plaintiff

And

1.Vadlamudi Venkaiah @ Venkateswarlu

2. Vadlamudi Muthamma,

3. Vadlamudi Satyanarayana,

4. Kanaparthy Vijayamma,

5. Vadlamudi Nageswara Rao, 6.Vadlamudi Naresh,

7. The Tahsildar, Raghunadhapalem Mandal …… Defendants CLAIM FOR:- This suit is filed for partition and separate possession of Item No.1 to 3 of the suit schedule property and for declaration to declare the preliminary decree dated.29.04.1994 and final decree dated.19.11.2015 passed in O.S.No.75/1992 on the file of the Senior Civil Judge, Khammam as null and void and not binding on the plaintiff and for perpetual injunction and deletion of name of the defendant No.3 from the revenue records in respect of Item No.4 of suit schedule property and to award cost. This suit is coming before me today in the presence of Sri.Miriayala Saideswara Rao and plaintiff; and upon perusing the material papers on record, the court passed the following:

DOCKET ORDER

Plaintiff counsel present.Plaintiff present. Defendants absent and their counsels absent. IA.No.9/2026 is allowed and as per the I.A. orders the plaintiff is at liberty to withdrawn suit on the file this court as he is not intending to proceed further with this case. Hence, this suit is dismissed as withdrawn.

Written and pronounced by me in the open Court on this the 5 th day of May, 2026.

//SD//

I.ADDITIONAL SENIOR CIVIL JUDGE,

KHAMMAM