IN THE COURT OF THE PRL.

SENIOR CIVIL JUDGE :: ONGOLE

O.S.No. /2016
Between:-
Neelisetty Surya Kumari @ Venkata Surya Kumari
W/o.Subba Rao,
Aged about 50 years, Hindu,
R/o.Santhanuthalapadu (V) & (M),
Prakasam District Plaintiff

And
Kurapati Srinivasa Raju,
S/o.Kondam Raju, Hindu,
Aged about 48 years,
native of Nekunambad (V),
Chimakurthy (M), Prakasam Dist.,
now residing at D.No.7-570(2),
Gandhinagar 4th lane,
Mangamur Road, Ongole,
Prakasam District. Defendant
PLAINT FILED ON BEHALF OF THE PLAINTIFF U/Sec.26 OF C.P.C.

I. Description of the Plaintiff:-

The plaintiff is the wife of Subba Rao, aged about 50 years, Hindu,
resident of S.N.Padu Village and Mandal, Prakasam District.
Address for service is that of the same is that of her counsel, Vemula
Venkata Pavan Kumar, Advocate, Ongole.

II. Description of the Defendant:-

The defendant is the son of Kondam Raju, aged about 48 years, native of
Nekunambad (V), Chimakurthy (M), Prakasam Dist., now residing at
D.No.7-570(2), Gandhinagar 4th lane, Mangamur Road, Ongole, which is within
the limits of this Honble Court.
His address service is the same as stated above.

III. Brief facts of the case:-

(a). That on 24/05/2013 (Twenty Fourth day of May Two Thousand

Thirteen) the defendant borrowed an amount of Rs.1,83,000/- (Rupees One
lakh Eighty three thousand Only) from the plaintiff for his business
necessities, agreeing to repay the same together with yearly compoundable
interest at the rate of 24% (Rs.2/-) p.a., per hundred either to the plaintiff or
to her order on demand. In evidencing the same the defendant executed a
promissory note for an amount of Rs.1,83,000/- (Rupees One lakh Eighty
1
three thousand Only) in favour of plaintiff on the same date with his own
handwriting in the presence of attesters at S.N.Padu (V) & (M), Prakasam
District.
(b). Again that on 24/05/2013 (Twenty Fourth day of May Two Thousand
Thirteen) the defendant borrowed an amount of Rs.1,77,500/- (Rupees One
lakh Seventy Seven thousand Five hundred Only) from the plaintiff for his
business necessities, agreeing to repay the same together with yearly
compoundable interest at the rate of 24% (Rs.2/-) p.a., per hundred either to
the plaintiff or to her order on demand. In evidencing the same the defendant
executed a promissory note for an amount of Rs.1,77,500/- (Rupees One lakh
Seventy Seven thousand Five hundred Only) in favour of the plaintiff on the
same date with his own handwriting in the presence of attesters at S.N.Padu
(V) & (M), Prakasam District.
(c). Again that on 25/02/2015 (Twenty Fifty day of February Two Thousand
Fifteen) the defendant borrowed an amount of Rs.5,36,000/- (Rupees Five
lakhs Thirty Six thousand Only) from the plaintiff for his business necessities,
agreeing to repay the same together with yearly compoundable interest at the
rate of 24% (Rs.2/-) p.a., per hundred either to the plaintiff or to her order on
demand. In evidencing the same the defendant executed a promissory note
for an amount of Rs.5,36,000/- (Rupees Five lakhs Thirty Six thousand Only)
in favour of the plaintiff on the same date with his own handwriting in the
presence of attesters at S.N.Padu (V) & (M), Prakasam District.
(d). Later, the plaintiff demanded the defendant to repay the borrowed

amount but the defendant has been postponing the same or some pretext or

the other. Later the plaintiff got issued a registered legal notice dt.23-04-2015

to the defendant demanding him to repay the borrowed amount through her

counsel and on 25-04-2015 the defendant received the same, and the

defendant gave reply notice, dt.29-04-2015 to her counsel with false

allegations. The defendant failed to pay the promissory note amount with

interest till now.

2
 Hence the plaintiff is constrained to file the suit against the defendant
for recovery of the Promissory note amount with interest and subsequent
interest and costs.
IV. Cause of action :- Cause of action arose on 24/05/2013 (Twenty Fourth
day of May Two Thousand Thirteen) the defendant borrowed an amount of
Rs.1,83,000/- (Rupees One lakh Eighty three thousand Only) from the
plaintiff for his business necessities, agreeing to repay the same together with
yearly compoundable interest at the rate of 24% (Rs.2/-) p.a., per hundred
either to the plaintiff or to her order on demand. In evidencing the same the
defendant executed a promissory note for an amount of Rs.1,83,000/-
(Rupees One lakh Eighty three thousand Only) in favour of plaitniff on the
same date with his own handwriting in the presence of attesters at S.N.Padu
(V) & (M), Prakasam District and again that on 24/05/2013 (Twenty Fourth
day of May Two Thousand Thirteen) the defendant borrowed an amount of
Rs.1,77,500/- (Rupees One lakh Seventy Seven thousand Five hundred Only)
from the plaintiff for his business necessities, agreeing to repay the same
together with yearly compoundable interest at the rate of 24% (Rs.2/-) p.a.,
per hundred either to the plaintiff or to her order on demand. In evidencing
the same the defendant executed a promissory note for an amount of
Rs.1,77,500/- (Rupees One lakh Seventy Seven thousand Five hundred Only)
in favour of the plaintiff on the same date with his own handwriting in the
presence of attesters at S.N.Padu (V) & (M), Prakasam District and again that
on 25/02/2015 (Twenty Fifty day of February Two Thousand Fifteen) the
defendant borrowed an amount of Rs.5,36,000/- (Rupees Five lakhs Thirty
Six thousand Only) from the plaintiff for his business necessities, agreeing to
repay the same together with yearly compoundable interest at the rate of 24%
(Rs.2/-) p.a., per hundred either to the plaintiff or to her order on demand. In
evidencing the same you executed a promissory note for an amount of
Rs.5,36,000/- (Rupees Five lakhs Thirty Six thousand Only) in favour of the
plaintiff on the same date with his own handwriting in the presence of
attesters at S.N.Padu (V) & (M), Prakasam District, which is within the limits of
this Honble court.

V. Court fee and valuation:- For the purpose of court fee and valuation the
suit is valued as here under.

3
(I). Amount borrowed under the pro-note Rs..1,83,000-00
Dt.24-05-2013
Interest thereon at 24% per annum
(from 24.05.2013 to 29.04.2016) Rs.1,28,710-00
(02 years 11 months 05 days)
-----------------
Total Rs.3,11,710-00
-----------------
(Rupees Three lakhs eleven thousand seven hundred and ten Only)
On which a Court fee of Rs.6,626-00 (Rupees Six thousand six hundred and
twenty six Only) is paid under Section 20 of A.C.F. & S.V. Act, 1956.

(II). Amount borrowed under the pro-note Rs..1,77,500-00

Dt.24-05-2013
Interest thereon at 24% per annum
(from 24.05.2013 to 29.04.2016) Rs. 1,24,840-00
(02 years 11 months 05 days)
-----------------
Total Rs.3,02,340-00
-----------------
(Rupees Three lakhs two thousand three hundred and forty Only)
On which a Court fee of Rs.5,726-00 (Rupees Five thousand seven hundred
and twenty six Only) is paid under Section 20 of A.C.F. & S.V. Act, 1956.
(III). Amount borrowed under the pro-note Rs..5,36,000-00
Dt.25-02-2015
Interest thereon at 24% per annum
(from 25.02.2015 to 29.04.2016) Rs. 1,51,508-00
(01 year 02 months 04 days)
-----------------
Total Rs.6,87,508-00
-----------------
(Rupees Six lakhs eighty seven thousand five hundred and eighty Only)
On which a Court fee of Rs.9,326-00 (Rupees nine thousand three hundred
and twenty six Only) is paid under Section 20 of A.C.F. & S.V. Act, 1956.

Total court fee of Rs.21,678/- ( Rupees Twenty one thousand six

hundred and seventy eight rupees only) is here with paid under S.B.I
Challan, District Court Branch, Ongole, the value of the suit for the purpose of
jurisdiction is as mentioned above.
VI. Prayer:-

Hence it is prayed that this Honble court may be pleased to pass a

decree and judgment infavour of the plaintiff and against the defendant,
a) for an amount of Rs.13,01,558/- (Rupees Thirteen lakhs one thousand five
hundred and fifty eight Only) together with subsequent interest at the rate
of 24% from the date of suit, till the date of realization.
b) award costs of the suit.
4
c) and pass such other or further orders as the Honble court deems fit and
proper in the circumstances of the case and in the interest of justice.

Advocate for the Plaintiff Plaintiff

The facts stated above all are true and correct to the best of my
knowledge belief and information.

Ongole,

Date:-29-04-2016. Plaintiff

List of documents:-
1. Original Promissory note dt.24/05/2013, for Rs.1,83,000/-.
2. Xerox copy of Promissory note dt.24/05/2013 for Rs.1,83,000/-.
3. Original Promissory note dt.24/05/2013, for Rs.1,77,500/-.
4. Xerox copy of Promissory note dt.24/05/2013 for Rs.1,77,500/-.
5. Original Promissory note dt.25/02/2015, for Rs.5,36,000/-.
6. Xerox copy of Promissory note dt.25/02/2015, for Rs.5,36,000/-.
7. Office copy of Legal Notice, dt.23-04-2015
8. Post Receipt, dt.23-04-2015 bearing No.RN612683855IN.
9. Acknowledgement, dt.25-04-2015,
10. Reply Notice, dt.29-04-2015 issued by Defendant.

Advocate for the Plaintiff

IN THE COURT OF THE PRL. SENIOR CIVIL JUDGE :: ONGOLE

O.S.No. /2016
5
Between
Neelisetty Surya Kumari @ Venkata Surya Kumari Plaintiff

And

Kurapati Srinivasa Raju Defendant

AFFIDAVIT FILED BY THE PLAINTIFF U/Or.6 R 15 (4) C.P.C

I, Neelisetty Surya Kumari @ Venkata Surya Kumari W/o.Subba Rao,

aged about years, Hindu, resident of S.N.Padu Village and Mandal, Prakasam
District, do hereby solemnly affirm and sincerely state as follows:-
I am the plaintiff in the above suit. I filed the suit for recovery of an
amount of Rs.13,01,558/- (Rupees Thirteen lakhs one thousand five
hundred and fifty eight Only) and for subsequent interest at the rate of 24%
per annum from the date of the suit till the date realization.
(a). I submit that on 24/05/2013 (Twenty Fourth day of May Two Thousand
Thirteen) the defendant borrowed an amount of Rs.1,83,000/- (Rupees One
lakh Eighty three thousand Only) from mentiff for his business necessities,
agreeing to repay the same together with yearly compoundable interest at the
rate of 24% (Rs.2/-) p.a., per hundred either to me or to my order on demand.
In evidencing the same the defendant executed a promissory note for an
amount of Rs.1,83,000/- (Rupees One lakh Eighty three thousand Only) in my
favour on the same date with his own handwriting in the presence of attesters
at S.N.Padu (V) & (M), Prakasam District.
(b). Again that on 24/05/2013 (Twenty Fourth day of May Two Thousand
Thirteen) the defendant borrowed an amount of Rs.1,77,500/- (Rupees One
lakh Seventy Seven thousand Five hundred Only) from me for his business
necessities, agreeing to repay the same together with yearly compoundable
interest at the rate of 24% (Rs.2/-) p.a., per hundred either to me or to my
order on demand. In evidencing the same the defendant executed a
promissory note for an amount of Rs.1,77,500/- (Rupees One lakh Seventy
Seven thousand Five hundred Only) in my favour on the same date with his
own handwriting in the presence of attesters at S.N.Padu (V) & (M), Prakasam
District.
(c). Again that on 25/02/2015 (Twenty Fifty day of February Two Thousand
Fifteen) the defendant borrowed an amount of Rs.5,36,000/- (Rupees Five

6
lakhs Thirty Six thousand Only) from me for his business necessities, agreeing
to repay the same together with yearly compoundable interest at the rate of
24% (Rs.2/-) p.a., per hundred either to me or to my order on demand. In
evidencing the same the defendant executed a promissory note for an amount
of Rs.5,36,000/- (Rupees Five lakhs Thirty Six thousand Only) in my favour
on the same date with his own handwriting in the presence of attesters at
S.N.Padu (V) & (M), Prakasam District.
(d). Later, I demanded the defendant to repay the borrowed amount but the
defendant has been postponing the same or some pretext or the other. Later I
got issued a registered legal notice dt.23-04-2015 to the defendant demanding
him to repay the borrowed amount through my counsel and on 25-04-2015
the defendant received the same, and the defendant gave reply notice,
dt.29-04-2015 to my counsel with false allegations. The defendant failed to
pay the promissory note amount with interest till now.

Hence I am constrained to file the suit against the defendant for

recovery of the Promissory note amount with interest and subsequent interest
and costs.
Hence I prays that the Honble court may be pleased to pass a decree
and judgment in my favor and against the defendant for an amount of
Rs.13,01,558/- (Rupees Thirteen lakhs one thousand five hundred and fifty
eight Only) and subsequent interest at 24% p.a., from the date of suit till the
realization and costs of the suit, and for such other reliefs as the Honble court
in the interest of justice.

Deponent
The above stated facts are read over to the deponent in Telugu and having
confirmed as true and correct solemnly affirmed and signed before me in this
30th day of April, 2016 at Ongole.
Advocate, Ongole

IN THE COURT OF THE PRL. SENIOR CIVIL JUDGE :: ONGOLE

O.S.No. /2016
Between
7
Neelisetty Surya Kumari @ Venkata Surya Kumari Plaintiff

And

Kurapati Srinivasa Raju Defendant

ADDRESS PARTICULARS OF THE PLAINTIFF AND DEFENDANT

PLAINTIFF:-
Neelisetty Surya Kumari @ Venkata Surya Kumari
W/o.Subba Rao,
Aged about years, Hindu,
R/o.Santhanuthalapadu (V) & (M),
Prakasam District

Vs

DEFENDANT:-
Kurapati Srinivasa Raju,
S/o.Kondam Raju, Hindu,
Aged about 48 years,
native of Nekunambad (V),
Chimakurthy (M), Prakasam Dist.,
now residing at D.No.7-570(2),
Gandhinagar 4th lane,
Mangamur Road, Ongole,
Prakasam District.
Be pleased to consider

ADVOCATE FOR PLAINTIFF PLAINTIFF

The facts stated above are true to the best of my knowledge, belief and

information.

ONGOLE PLAINTIFF

Dt.29-04-2016

V.V.P.K
Plaintiff

8
 IN THE COURT OF THE PRL. SENIOR
CIVIL JUDGE::ONGOLE

O.S.No. /2016

PLAINT FILED ON BEHALF OF THE

PLAINTIFF U/Sec.26 OF C.P.C

FILED BY:-
Sri.V.VENKATA PAVAN KUMAR,
ADVOCATE, ONGOLE.
IN THE COURT OF THE PRL. SENIOR CIVIL JUDGE :: ONGOLE
O.S.No. /2016
Between
Neelisetty Surya Kumari @ Venkata Surya Kumari Petitioner
9
 And

Kurapati Srinivasa Raju Respondent

AFFIDAVIT FILED UNDER SECTION 139 OF C.P.C
I, Neelisetty Surya Kumari @ Venkata Surya Kumari W/o.Subba Rao,

aged about 50 years, Hindu, resident of S.N.Padu Village and Mandal,

Prakasam District, do hereby solemnly affirm and sincerely state as follows:-

1. I submit that I am the plaintiff in the suit and I am well acquainted with

the facts of the case.

2. I filed the above suit against the defendant for recovery of the suit

amount. The defendant promised me to pay the pro-note debt today. But he

failed his promise and left the house without informing me. So I could not

secure the entire Court Fee amount. Hence it is just and necessary to permit

me to receive the Plaint with D.C.F as it fell in Limitation.

3. Hence I pray that the Honble Court may be pleased to permit me to file

the Plaint with D.C.F by granting 15 days time to pay the DCF in the interests

of justice. Otherwise I will be put to irreparable loss and hardship.

DEPONENT
Solemnly affirmed and signed before me on the 30th day of April, 2016.

ADVOCATE, ONGOLE

IN THE COURT OF THE PRL. SENIOR CIVIL JUDGE :: ONGOLE

I.A.No. /2016 in O.S.No. /2016
10
Between:
Neelisetty Surya Kumari @ Venkata Surya Kumari
W/o.Subba Rao,
Aged about years, Hindu,
R/o.Santhanuthalapadu (V) & (M),
Prakasam District Petitioner

And
Kurapati Srinivasa Raju,
S/o.Kondam Raju, Hindu,
Aged about 48 years,
native of Nekunambad (V),
Chimakurthy (M), Prakasam Dist.,
now residing at D.No.7-570(2),
Gandhinagar 4th lane,
Mangamur Road, Ongole,
Prakasam District. Respondent
PETITION FILED BEHALF OF THE PETITIONER UNDER SECTION 149 AND
151 C.P.C
For the reasons stated in the accompanying affidavit, it is prayed that
the Honble Court be pleased to permit the petitioner to file the Plaint with
D.C.F by granting 15 days time to pay the Court Fee and pass such other orders
as the Honble Court deems fit and proper, in the interests of justice.

Be pleased to Consider
Ongole,
Dt.30-04-2016. Advocate for Petitioner

V.V.P.K
Petitioner

11
 IN THE COURT OF THE PRL. SENIOR
CIVIL JUDGE::ONGOLE

O.S.No. /2016

PETITION FILED ON BEHALF OF THE

PETITINER U/Sec.149 & 151 OF C.P.C

FILED BY:-
Sri.V.VENKATA PAVAN KUMAR,
ADVOCATE, ONGOLE.
IN THE COURT OF THE PRL. SENIOR CIVIL JUDGE :: ONGOLE
O.S.No. /2016
Between
Neelisetty Surya Kumari @ Venkata Surya Kumari Plaintiff

And
12
Kurapati Srinivasa Raju Defendant
COURT FEE MEMO FILED ON BEHALF OF THE PLAINTIFF
It is submitted that the plaintiff filed the above suit against the
defendant for recovery of an amount of Rs.13,01,558/- (Rupees Thirteen
lakhs one thousand five hundred and fifty eight Only) and a fixed court of Fee
of Rs.21,678/- is payable by the plaintiff on the sais suit. But the plaintiff is
herewith filed a petition by granting 15 days time to pay the DCF at present.

Hence the plaintiff is herewith paid an amount of Rs.100/-,

dt.30-04-2016 on S.B.I, Court Branch, Ongole towards Court Fee. Hence the
Memo.

Ongole, Be pleased to Consider

Dt.30-04-2016
Advocate for Plaintiff

IN THE COURT OF THE PRL. SENIOR CIVIL JUDGE :: ONGOLE

O.S.No. /2016
Between
Neelisetty Surya Kumari @ Venkata Surya Kumari Plaintiff

And
13
Kurapati Srinivasa Raju Defendant

COURT FEE MEMO FILED ON BEHALF OF THE PLAITNIFF

It is submitted that as per the orders of this Honble Court, the plaintiff
is herewith paid C.F. Rs. Rs.21,578/- (Rupees Twenty one thousand five
hundred and seventy eight Only), dt.06-06-2016 on S.B.I, District Court
branch, Ongole towards Court Fee. Hence the Memo.

Ongole, Be pleased to Consider

Dt.06-06-2016.
Advocate for Plaintiff

14