1

In the Court of the Junior Civil Judge of Chittoor

O.S. No. of 2020

Between:
M.K. Mukesh … Plaintiff
And:
M.Harinath Reddy … Defendant

Plaint filed on behalf of the Plaintiff Under Order VII Rule 1 and
Section 26 C.P.C.
1. Plaintiff:-

M.K. Mukesh, s/o late M.K. Nagaraja, aged about 42 years, Hindu,
Business, residing at V.S. Agraharam Village Irala Post and Mandal,
Chittoor District.
(Cell No.9959845006, Aadhar No. 8715 92954890)

The address of the Plaintiff is as stated above and also care of

Sri P.Dayasekar, Advocate, Chittoor.

2. Defendant:-

M. Harinatha Reddy, s/o M.Subramanyam, aged about 31 years,

Hindu, Business, residing at D.No.2-52, Pathapalyam, Iluvaripalli
Post, Irala Mandal, Chittoor District.
(Cell No.8886143713, 9494529987 &
Aadhar No.8926 7150 2879)

The address of the Defendant is as stated above for the purpose of

service of process etc.,

3. The Plaintiff submits that on 4.1.2020 the Defendant has

borrowed a sum of Rs.3,50,000/- (Rupees three lakhs fifty
thousand only) from the Plaintiff for his business purpose and also for
his family necessities, by executing a promissory note infavour of the
Plaintiff, promising to repay the same together with interest at 36% p.a.
The Plaintiff is filing the original promissory note dt.4.1.2020.
4. The Plaintiff submits that he has paid the said amount of
Rs.3,50,000/- by way of cheque bearing No.914546 drawn on Saptagiri
Grameena bank, Irala Branch, Chittoor District and issued infavour of the
Defendant on 4.1.2020 and the Defendant has also encashed the said
cheque by presenting the same through his account.
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5. The Plaintiff submits that the Defendant has paid a sum of

Rs.71,000/- on 12.2.2020 by way of NEFT to the Plaintiff’s account
towards the aforesaid promissory note debt. Again the Defendant has
also sent an amount of Rs.68,500/- on 3.3.2020 by way of NEFT to the
Plaintiff’s accounts towards the promissory note debt. Subsequently, the
Defendant has not paid the balance amount under the aforesaid
promissory note.
6. The Plaintiff submits that inspite of repeated demands and
request made by the Plaintiff, the Defendant did not repay the aforesaid
promissory note debt together with interest.
7 The Plaintiff submits that for discharging the balance amount
covered under promissory note debt together with interest, the
Defendant has issued a cheque dt.17.6.2020 bearing cheque
No.000047 for a sum of Rs.2,75,000/- (Rupees two lakhs seventy
five thousand only) drawn on HDFC Bank Ltd., Tirupati Branch.
8. The Plaintiff submits that on 17.6.2020 the Plaintiff has
presented the said cheque through his account i.e., in Sapthagiri
Grameena Bank, Irala Branch for collection. The said cheque was
returned with an endorsement funds insufficient and the same was
received by the Plaintiff on 1.7.2020 to the effect “funds insufficient”.
9. The Plaintiff submits that he has also caused to issue Legal
Notice dt.6.7.2020 calling upon the Defendant to pay the aforesaid
amount together with interest. The Defendant has refused to receive the
Legal Notice but he did not issue any reply nor complied the demands
made in the notice. Office copy of the Legal Notice with postal receipt
and returned postal cover with acknowledgement are herewith filed
which may be read as part and parcel of this Plaint.
10. The Plaintiff submits that the 1st Defendant is doing contract
works and he is getting a sum of Rs.50,000/- p.m. and the Defendant is
also having terraced house worth about Rs.15,00,000/- and hence he is
not entitled any Debt Relief Acts.
11. The cause of action for the suit arose on 4.1.2020 the
Defendant has borrowed the amount from the Plaintiff and executed the
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promissory note infavour of the Plaintiff, on 12.2.2020 the Defendant has

paid a sum of Rs.71,000 by way of NEFT and again the Defendant has
paid a sum of Rs.68,500/- on 3.3.2020 by way of NEFT, on 17.6.2020 the
Defendant has issued a cheque for a sum of Rs.2,75,000/- towards the
promissory note debt, on 17.6.2020 the Plaintiff has presented the said
cheue for collection and the same was returned with an endorsement
“funds insufficient”, on 6.7.2020 the date of issuance of Legal Notice to
the Defendant calling upon him to pay the amount, the Defendant
refused to receive the Legal Notice, but he did not pay any amount nor
issued any reply and continues de-die-in-diem at V.S. Agraharam, Irala
Post and Mandal, Chittoor District within the jurisdiction of this Hon’ble
Court.
12. The value of the suit for the purpose of Court fee and
Jurisdiction is Rs.2,28,997/- (Rupees two lakhs twenty eight
thousand nine hundred and ninety seven only) and C.F. of
Rs.__________/- is paid Under Section 20 of A.P.C.F. and S.V. Act.
The Plaintiff paying the Court fee by way of challan to the Bank of India,
Court branch, Chittoor dt.
13. MEMO OF VALUATION
Principal Amount borrowed on 4.1.2020 Rs.3,50,000-00
Interest at 36% p.a. on Rs.3,50,000/- from 4.1.2020
till 11.2.2020 (i.e., 0Y-1M-07D) Rs. 12,950-00
-------------------
Amount payable on 12.2.2020 (3,50,000+12,950) Rs.3,62,950-00
Amount paid on 12.2.2020 Rs. 71,000-00
-------------------
Balance amount payable on 12.2.2020 Rs.2,91,950-00
Interest payable on Rs.2,91,950/- for the period
13.2.2020 to 2.3.2020 (19 days) Rs. 5,547-00
-------------------
Total amount payable on 3.3.2020 Rs.2,97,497-00
Amount paid on 3.3.2020 Rs. 68,500-00
-------------------
Balance principal amount payable Rs.2,28,997-00
-------------------
C.F. paid thereon Under Sec.20 of APCF and S.V. Act Rs. /-
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14. The Plaintiff therefore prays that this Hon’ble Court may be
pleased to pass a Judgement and Decree infavour of the Plaintiff and
against the Defendant;
a) directing the Defendant to pay the suit claim of Rs.2,28,997/-
(Rupees two lakhs twenty eight thousand nine hundred
and ninety seven only) together with interest at 24% P.A. from
the date of suit till the date of realisation;
b) direct the Defendants to pay the costs of the suit;
c) grant such other or further reliefs as this Hon'ble Court may deem
fit and proper in the circumstances of the case.

Advocate for Plaintiff Plaintiff

VERIFICATION
I, the Plaintiff herein do hereby declare that what is stated above is
true to the best of my knowledge and belief and I signed this Verification
on this the day of July, 2020 at Chittoor.

Plaintiff
List of Documents:-
1. Dt.4.1.2020 : Promissory Note executed by the Defendant infavour of
the Plaintiff.
2. Dt.4.1.2020 : Xerox copy of the Promissory Note executed by the
Defendants infavour of the Plaintiff.
3. Dt.6.7.2020: Office copy of the Legal Notice issued by the Plaintiff
to the Defendant with postal receipt
4. : Returned Postal cover with acknowledgement

5. Dt.17.6.2020 : Xerox copy of the cheque for a sum of Rs.2,75,000/-

drawn on HDFC Bank Ltd., Tirupati Branch
6. Dt. : Xerox copy of the Return Memo issued by the Sapthagiri
Grameena Bank, Irala Branch

Advocate for Plaintiff

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In the Court of the Junior Civil Judge of Chittoor

O.S. No. of 2020

Between:
M.K. Mukesh … Plaintiff
And:
M.Harinath Reddy … Defendant

Affidavit filed on behalf of the Plaintiff

I, M.K. Mukesh, s/o late M.K. Nagaraja, aged about 42 years,

Hindu, Business, residing at V.S. Agraharam Village Irala Post and
Mandal, Chittoor District, do hereby solemnly affirm and state as follows:-

1. I am the Plaintiff in the above suit.

2. I submit that I have filed the above suit against the Defendant
for realisation of the amount basing on the Promissory Note executed by
the Defendant in my favour.
3. I submit that on 4.1.2020 the Defendant has borrowed a sum
of Rs.3,50,000/- (Rupees three lakhs fifty thousand only) from
me for his business purpose and also for his family necessities, by
executing a promissory note in my favour, promising to repay the same
together with interest at 36% p.a.
4. I submit that I have paid the said amount of Rs.3,50,000/- by
way of cheque bearing No.914546 drawn on Saptagiri Grameena bank,
Irala Branch, Chittoor District and issued infavour of the Defendant on
4.1.2020 and the Defendant has also encashed the said cheque by
presenting the same through his account.
5. I submit that the Defendant has paid a sum of Rs.71,000/- on
12.2.2020 by way of NEFT to my account towards the aforesaid
promissory note debt. Again the Defendant has also sent an amount of
Rs.68,500/- on 3.3.2020 by way of NEFT to the my account towards the
promissory note debt. Subsequently, the Defendant has not paid the
balance amount under the aforesaid promissory note.
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6. I submit that inspite of repeated demands and request made by

me, the Defendant did not repay the aforesaid promissory note debt
together with interest.
7. I submit that for discharging the balance amount covered under
promissory note debt together with interest, the Defendant has issued a
cheque dt.17.6.2020 bearing cheque No.000047 for a sum of
Rs.2,75,000/- (Rupees two lakhs seventy five thousand only)
drawn on HDFC Bank Ltd., Tirupati Branch.
8. I submit that on 17.6.2020 the Plaintiff has presented the said
cheque through my account i.e., in Sapthagiri Grameena Bank, Irala
Branch for collection. The said cheque was returned with an
endorsement funds insufficient and the same was received by me on
1.7.2020 to the effect “funds insufficient”.
9. I submit that I have also caused to issue Legal Notice
dt.6.7.2020 calling upon the Defendant to pay the aforesaid amount
together with interest. The Defendant has refused to receive the Legal
Notice but he did not issue any reply nor complied the demands made in
the notice.
10. It is therefore just and necessary that this Hon'ble Court may
be pleased to pass a Judgement and Decree in my favour and against the
Defendant for realisation of the suit amount together with interest at
24% P.A. from the date of suit till date of realisation; otherwise I will
suffer irreparable loss and injury.

Deponent
Solemnly affirmed and signed before me on this the day of July,
2020 at Chittoor.

Advocate, Chittoor.
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In the Court of the Junior Civil Judge of Chittoor

I.A. No. of 2020

O.S. No. of 2020
Between:

M.K. Mukesh, s/o late M.K. Nagaraja, aged about 42 years,

Hindu, Business, residing at V.S. Agraharam Village
Irala Post and Mandal, Chittoor District.
… Petitioner/ Plaintiff
And:
M. Harinatha Reddy, s/o M.Subramanyam,
aged about 31 years, Hindu, Business,
residing at D.No.2-52, Pathapalyam, Iluvaripalli Post,
Irala Mandal, Chittoor District.
.. Respondent/Defendant

Petition filed on behalf of the Petitioner/Plaintiff under Order 38 Rule

5 C.P.C. & Sec.151 C.P.C.

For the reasons stated in the accompanying affidavit it is prayed

that this Hon'ble Court may be pleased to order attach the Petition
Schedule Property before judgement;
and pass such other or further orders as this Hon'ble Court may
deem fit and proper in the circumstances of the case.

Advocate for Petitioner

SCHEDULE
Chittoor District – Pakala Registration District – Irala Mandal – Irala Town
– Terraced House bearing D.No.2-52 measuring East to West 29ft, North
to South 39ft within the following boundaries:
value of the property Rs.5,00,000/-
East: House of Nanne Saheb
West: Old House of the Defendant
North: House of Chenga Reddy
South: Vacant site of Sudhakar

Advocate for Petitioner

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In the Court of the Junior Civil Judge of Chittoor

O.S. No. of 2020
Between:
M.K. Mukesh … Plaintiff
And:
M.Harinath Reddy … Defendant

Affidavit filed on behalf of the Plaintiff

I, M.K. Mukesh, s/o late M.K. Nagaraja, aged about 42 years,
Hindu, Business, residing at V.S. Agraharam Village Irala Post and
Mandal, Chittoor District, do hereby solemnly affirm and state as follows:-

1. I am the Petitioner herein and the Plaintiff in the above suit. I

have filed the above suit against the Defendant for realisation of the
amount basing on the Promissory Note executed by the Defendant in my
favour.
2. I submit that on 4.1.2020 the Defendant has borrowed a sum
of Rs.3,50,000/- (Rupees three lakhs fifty thousand only) from
me for his business purpose and also for his family necessities, by
executing a promissory note in my favour, promising to repay the same
together with interest at 36% p.a.
3. I submit that I have paid the said amount of Rs.3,50,000/- by
way of cheque bearing No.914546 drawn on Saptagiri Grameena bank,
Irala Branch, Chittoor District and issued infavour of the Defendant on
4.1.2020 and the Defendant has also encashed the said cheque by
presenting the same through his account.
4. I submit that the Defendant has paid a sum of Rs.71,000/- on
12.2.2020 by way of NEFT to my account towards the aforesaid
promissory note debt. Again the Defendant has also sent an amount of
Rs.68,500/- on 3.3.2020 by way of NEFT to the my account towards the
promissory note debt. Subsequently, the Defendant has not paid the
balance amount under the aforesaid promissory note.
5. I submit that inspite of repeated demands and request made by
me, the Defendant did not repay the aforesaid promissory note debt
together with interest. For discharging the balance amount covered
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under promissory note debt together with interest, the Defendant has
issued a cheque dt.17.6.2020 bearing cheque No.000047 for a sum of
Rs.2,75,000/- (Rupees two lakhs seventy five thousand only)
drawn on HDFC Bank Ltd., Tirupati Branch.
6. I submit that on 17.6.2020 the Plaintiff has presented the said
cheque through my account i.e., in Sapthagiri Grameena Bank, Irala
Branch for collection. The said cheque was returned with an
endorsement funds insufficient and the same was received by me on
1.7.2020 to the effect “funds insufficient”.
7. I submit that I have also caused to issue Legal Notice
dt.6.7.2020 calling upon the Defendant to pay the aforesaid amount
together with interest. The Defendant has refused to receive the Legal
Notice but he did not issue any reply nor complied the demands made in
the notice.
8. I submit that recently I came to know that the Defendant is
making hectic attempts in trying to alienate the Petition Schedule House
property to third parties only to delay and defraud the debt due to me
and also trying to execute some sham and nominal documents infavour
of third parties. Except the Petition Schedule property there is no other
properties standing in the name of the Defendant. If the Defendant
succeeds in his attempts in trying to alienate the Petition Schedule
Properties infavour of third parties, I am unable to realize the fruits of the
decree. I submit that the Defendant is the absolute owner of the Petition
Schedule Property. Unless this Hon'ble Court orders attachment of the
Petition Schedule Properties before judgement; I will put to very great
hardship and injury.
9. It is therefore just and necessary that this Hon'ble Court may be
pleased to order attach the Petition Schedule property before judgment;
otherwise, I will suffer irreparable loss and injury.

Deponent
Solemnly affirmed and signed before me on this the day of July,
2020 at Chittoor.
Advocate, Chittoor.
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In the Court of the Junior Civil Judge of Chittoor

O.S. No. of 2020
Between:
M.K. Mukesh .. Plaintiff
And:
M.Harinath Reddy .. Defendant

Third Party Affidavit filed on behalf of the Plaintiff

I, Y. Siva Reddy, s/o late Y. Pulla Reddy, aged about 40 years,
Hindu, Business, residing at D.No.2-5, Pathapalyam village, Iluvaripalli
Post, Irala Mandal, Chittoor District, do hereby solemnly affirm and state
as follows:
1. I am a third party in the above suit. I know the Plaintiff and
the Defendant in the above suit.
2. I submit that the Plaintiff has filed the above suit against the
Defendants for realisation of the amount basing on the Promissory Note
executed by the Defendants infavour the Plaintiff.
3. I submits that that on 4.1.2020 the Defendant has borrowed a
sum of Rs.3,50,000/- (Rupees three lakhs fifty thousand only) from the
Plaintiff for his business purpose and also for his family necessities by
executing a promissory note jointly in favor of the Plaintiff promising to
repay the same together with interest at 36% p.a.
4. I submit that inspite of repeated demands and request made by
the Plaintiff, the Defendant did not choose to pay the said Promissory
Note amount together with interest to the Plaintiff.
5. I submit that I came to know that the Defendant is trying to
alienate his house property to third parties and trying to execute sham
and nominal documents infavour of third parties only with a view to
evade the debt due to the Plaintiff. Except the Petition Schedule
property, there is no other property stands in the name of the Defendant.

Deponent
Solemnly affirmed and signed before me on this the day of July,
2020 at Chittoor.
Advocate, Chittoor.
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In the Court of the Junior Civil Judge of Chittoor

O.S. No. of 2020
Between:
M.K. Mukesh .. Plaintiff
And:
M.Harinath Reddy .. Defendant

Third Party Affidavit filed on behalf of the Plaintiff

I, M. Ravi Kumar, s/o M. Adinarayana, aged about 40 years, Hindu,
Business, residing at V.S. Agraharam village and Post, Irala Mandal,
Chittoor District, do hereby solemnly affirm and state as follows:
1. I am a third party in the above suit. I know the Plaintiff and
the Defendant in the above suit.
2. I submit that the Plaintiff has filed the above suit against the
Defendants for realisation of the amount basing on the Promissory Note
executed by the Defendants infavour the Plaintiff.
3. I submits that that on 4.1.2020 the Defendant has borrowed a
sum of Rs.3,50,000/- (Rupees three lakhs fifty thousand only) from the
Plaintiff for his business purpose and also for his family necessities by
executing a promissory note jointly in favor of the Plaintiff promising to
repay the same together with interest at 36% p.a.
4. I submit that inspite of repeated demands and request made by
the Plaintiff, the Defendant did not choose to pay the said Promissory
Note amount together with interest to the Plaintiff.
5. I submit that I came to know that the Defendant is trying to
alienate his house property to third parties and trying to execute sham
and nominal documents infavour of third parties only with a view to
evade the debt due to the Plaintiff. Except the Petition Schedule
property, there is no other property stands in the name of the Defendant.

Deponent
Solemnly affirmed and signed before me on this the day of July,
2020 at Chittoor.

Advocate, Chittoor.
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Principal Amount borrowed on 4.1.2020 Rs.3,50,000-00

Interest at 36% p.a. on Rs.3,50,000/- from 4.1.2020

till 11.2.2020 (i.e., 0Y-1M-07D) Rs. 13,118-00
-------------------
Rs.3,63,188-00
LESS: On 12.2.2020 the Defendant paid a sum of Rs. 71,000-00
-------------------
Rs.2,92,118-00
Interest at 36% p.a. on Rs.2,92,118/- from 12.2.2020
till 2.3.2020 Rs. 5,474-00
-------------------
Rs.2,97,592-00
LESS: On 3.3.2020 the Defendant paid a sum of Rs. 68,500-00
-------------------
Rs.2,29,092-00
Interest at 36% p.a. on Rs.2,29,092/- from 3.3.2020
till 26.7.2020 Rs. 32,764-00
Legal notice charges Rs. 30-00
--------------------
Suit amount Rs.2,61,886-00
--------------------