IN THE COURT OF HON’BLE CIVIL JUDGE AT: MANVI

O.S. No. /2014

PLAINTIFF :: Pragathi Krishna Gramin Bank Br: Sirwar

(Formerly Known as Tungabhadra Gramin
Bank) a body corporated and constituted
under Regional Rural Bank Act1976 having
its head office at Bellary and Branch at
Sirwar amongst various Branches, through
its duly constituted attorney, principal
officer and Sr. Manager of Sirwar Branch
Amaresh Adoni S/o Narayanappa Aged
about: 59 years R/o Sirwar Tq: Manvi
Dist:Raichur

// Versus //
Defendants :: 1) Jambaladinni Narasappa S/o
Mareppa, Aged about: Major, Occ:
Agriculture, R/o Kadadinni Village, Tq;
Manvi Dist:Raichur.

2) Nagabasappa S/o Basanna, Aged

about: Major, Occ: Agriculture, R/o
Kadadinni, Tq; Manvi Dist:Raichur

CLAIM: For recovery of Money for Rs. 4,87,251/-

PLAINT U/O XXXIV RULE 1 TO 5 R/W ORDER VII RULE 1 & 2

OF C.P.C.
The plaintiff most humbly submits as under:

1. That, the name and address of the plaintiff and that of the
defendants are as shown in the cause title above for all-purpose. The
name and address of the counsel for the plaintiff is M.Virupaxigouda
Advocate Station Road, Raichur.

2. That, the plaintiff bank was earlier known as Tungabhadra Gramina

Bank. As per the notification dt: 12-09-2005 of the Government of
India all the four Regional Rural Banks sponsored by the Canara
Bank in Karnataka namely Tunga Bhadra Gramin Bank, Chitradurga
Gramin Bank, Kolar Gramin Bank, Sahyadri Gramin Bank have been
amalgamated into new Regional Rural Bank called as “Pragathi
Gramin Bank”. Thus Thungabhadra Gramin Bank called to be as
 Pragathi Gramin Bank with effect from 12-09-2005. As per the
notification dtd:23-08-2013 of the Government of India the Krishna
Gramin Bank has been amalgamated with Pragathi Gramin Bank.
Thus Pragathi Gramin Bank called to be as “Pragathi Krishna Gramin
Bank” with effect from 23-08-2013.

3. That the defendant No.1 had applied for a loan of Rs.3,80,000/- for
the purposes of purchasing the Tractor. Where as the plaintiff Bank
sanctioned the Rs.3,80,000/- with the conditions that the same shall
be repaid with interest at 13% p.a. compoundable with half yearly rest
or such other rate as may be prescribed from time to time and the
same has to be repaid in 18 half year installments of Rs.21,000/-
each with accrued interest thereon and lost instalment of Rs.23,000/-
with accrued interest thereon commencing from 31-07-2008. In case
of delay in repaying the loan amount as agreed over due interest at
2% has to be paid. The Defendant No.1 has to offer the Tractor to be
purchased as security by way of Hypothecation. Further he have to
offer his lands as security and have to offer the surety and accordingly
the defendant No. 2 offered himself as Co-Obligant /Surety to the
defendant No1. The application submitted the defendants with
sanction memorandum are herein produced.

4. That, the defendants No.1 on 20-12-2007 mortgaged the lands Sy.

No.73/1/AA msg 2A 07G, Sy.No. 73/1/EE msg 1A 10G, Sy.No. 73/5
msg 3A, Sy.No. 73/7 msg 1A 10G and Sy.No. 74/AA-2 msg 4A 39G all
situated at Kadadinni Village Tq: Manvi in favour of plaintiff bank as
security by way of registered simple mortgage deed bearing document
No.6552/07-08 and registered with Sub-Registrar, Manvi. The original
simple mortgage deed so executed by him is herein produced.

5. That the defendants agreeing to the terms and conditions executed

memorandum of agreement for agricultural loans on 31-12-2007.
And authorisation letter for making payment to M/s. V.K. Commercial
Corporation Sindhanoor. The documents so executed by them are
herein produced in original.

6. That, the Plaintiff Bank as per the instruction of the defendant No.1
released the amount in the account and the same was paid to M/s.
V.K. Commercial Corporation Sindhanoor in order to enable the
defendant No.1 to purchase the Vehicle.

7. That the defendant No.1 accordingly purchased the L&T John Deere
Tractor from the said motors and the same came to be registered with
regional Transport Office Raichur in the name of defendant No.1. The
said vehicle was assigned with No. KA-36/ TA-6625. The
Hypothecation of the plaintiff bank was also duly noted in the
Registration Certificate.

8. That the plaintiff bank after the sanction of the loan and its release
opened the loan account in the name of the defendant No.1 as per
Loan Account No.FML 13/07. The extract of the said loan account,
which has been maintained in the usual and ordinary course of
business, is herein produced.
Contd., page 3
 -3-
9. That the defendants after the availment of the loan did not start
repaying the loan amount. Therefore the plaintiff Bank recalled all
the out standings and the officials made several request and demands
to the defendants to clear the dues and inspite of the same they have
not cared to clear the dues. Therefore the plaintiff Bank in pursuance
of the Hypothecation Agreement was compelled to seize the said
Tractor and sold the same in auction by adopting due process. The
said Tractor was sold for Rs.2,41,000/- in auction, the sale amount
was credited to loan account. Later Plaintiff asked for the balance loan
amount they did not care therefore plaintiff bank also got issued legal
notice through it’s advocate but they turned out with deaf ears. Hence
this suit. The defendants also executed letter of revivals on 07-10-
2009 and 01-10-2012 by confirming suit loan amount and same are
produced here in for kind perusal of Hon’ble court.

10. That the defendant No.1 is the Principal Borrower and the defendant
No.2 is the Co-Obligant/Surety and therefore they are all liable to
clear the dues jointly and severally.

11. That as per the Ledger Extract dtd: 15-04-2014, the defendants are
found due a sum of Rs.4,87,251/- after making necessary
adjustments regarding payments received and adjustments made.
Further they are liable to pay future interest at 15% p.a., from
26-04-2014 to till its realization compoundable with half yearly rest.

12. The Details of Mortgage are as follows: -

1 Date of Mortgage 20-12-2007

2 Nature of Mortgage Registered Simple Mortgage Deed
3 Mortgagor Defendant No.1
4 Mortgagee Plaintiff
5 Document Registered Simple Mortgage Deed dated: 20-
12-2007 bearing document No.6552/07-08
and registered with Sub-Registrar, Manvi.
6 Amount Due Rs.4,87,251/- together with future interest
thereon at 15% p.a compoundable with Half
yearly rest,
7 Property mortgaged As described in the schedule

13. That above are facts which constitutes the cause of action for
this suit which arose for the first time on 20-12-2007 when the
defendant No.1 mortgaged the lands, further on 31-12-2007 when
they availed the loan by executing the documents, when on 15-01-
2014 legal notice issued, inspite of demands the defendants did not
care to clear the dues and the same has arisen within the
jurisdiction of this Hon’ble court.

14. That the suit is Valued at Rs.4,87,251/- for the purpose of

jurisdiction and court fee of Rs.32,547/- paid through Challan of
State Bank of Hyderabad, Branch: Manvi which is sufficient.
15. Considering the nature of the suit, Place of accrual cause of action,
situation of Mortgaged properties and its Valuation the Hon’ble Court
has got territorial and pecuniary jurisdiction and grant the relief
sought here in.

16. That the suit is within the period of Limitation.

HENCE IT IS PRAYED
That the suit of the plaintiff bank be decreed against the defendants
as under;
A) A preliminary decree in favour of bank for Rs. 4,87,251/-together
with future interest at 15% per annum compounded half yearly from the
date of suit till its realization of entire due amount with full costs of the
suit within the specified period and if the defendants fails to make
payment of decreetal amount within such, then the plaintiff bank be set at
liberty to go far final decree against the defendants to sell the mortgaged
schedule mentioned properties by way of public auction for realizing due
amount.

B) A money decree to be passed against the defendants for the recovery

of Rs. 4,87,251/- together with future at 15% per annum compounded half
yearly from the date of suit till realization of entire due amount with full
costs of the suit.
.

C) That in case the sale proceeds are found to be insufficient, then the
plaintiff bank may be permitted to proceed against the defendants No 1 to
2 holding them liable to pay jointly and severally and against other
properties.

D) Any other relief or relief’s which the Hon’ble court may deems fit in the
circumstance of the case may also be granted.

E) Cost of the suit be awarded in the interest of justice.

Place: Manvi Plaintiff

Date:
Amaresh Adoni S/o Narayanappa
Pragathi Krishna Gramina Bank Sirwar.

SCHEDULE
DESCRIPTION OF THE PROPERTIES MORTGAGED

1. Land Sy. No. 73/1/AA measuring 02 acres 07 guntas of Kadadinni

village, Tq: Manvi, Dist: Raichur;

2. Land Sy. No. 73/1/EE measuring 01 acres 10 guntas of Kadadinni

village, Tq: Manvi, Dist: Raichur,
3. Land Sy. No. 73/5 measuring 03 acres of Kadadinni village, Tq:
Manvi, Dist: Raichur,

4. Land Sy. No. 73/7 measuring 01 acres 10 guntas of Kadadinni village,

Tq: Manvi, Dist: Raichur, All above lands are attached each other and
having common boundaries:

Bounded by:-
East: Land of Narasanna
West: Land of Earappa
North: Land of Goudayya
South: Land of Goudayya

2. Land Sy. No. 74/AA-2 measuring 04 acres 39 guntas of Kadadinni

village, Tq: Manvi, Dist: Raichur, bounded by :-

East : Land of Ramanna

West : Land of Ningayya
North : Land of Siddappa
South : Land of Siddappa

VERIFICATION

I, the above named Manager of the plaintiff bank, do hereby verify

the contents of the above plaint to be true and correct to the best of my
knowledge and belief, hence verified and signed by me on this day at
Raichur.

Plaintiff
Place: Manvi
Date:

Through,

Amaresh Adoni S/o Narayanappa

Pragathi Krishna Gramina Bank Sirwar.

M. Virupakshigouda,
Advocate, Manvi
IN THE COURT OF HON’BLE CIVIL JUDGE AT: MANVI
O.S. No. /2014

Pragathi Krishna Gramina Bank V/s Jambaldinni Narasappa and Anr

Branch: Sirwar

V E R I F Y I N G A F F I D A V I T

I, Amaresh Adoni S/o Narayanappa Aged 59 years, Occ: Branch

Manager, Pragathi Gramin Bank Sirwar. R/o Sirwar, Tq: Manvi Dist:
Raichur do herein solemnly affirms and state on oath as under:-

1. That I am the Branch Manager, Duly constituted attorney and

principal officer of the plaintiff Bank and therefore I am fully
conversant with the facts of the cases.

2. That the contents of the above plaint at Para No.1 to 16 and prayer
are true and correct to the best of knowledge, belief and as per
information received and I believe them to be true and correct.

Hence Verified.

Place: Manvi
Deponent
Date:

(Amaresh Adoni)
Identified by me.

Advocate
 IN THE COURT OF HON’BLE CIVIL JUDGE AT: MANVI
O.S. No. /2014

Pragathi Krishna Gramina Bank V/s J.Narasappa and Another

Branch: Sirwar

List of Documents Filed by Plaintiff

1. Original Loan Application submitted

by Defendants 10-12-2007

2. Original Memorandum of Agreement 31-12-2007

3. Original Registered Mortgage Deed 20-12-2007

4. Original Authorisation letter 31-12-2007

5. Original under taking letter for variation of interest 31-12-2007

6. Original letter of revival 07-10-2009

7. Original letter of revival 01-10-2012

8. Office copy of legal notice 15-01-2014

9. Postal receipts in 2 No.s

10. Postal acknowledgements in 2 No.s

11. Ledger Extract

Place: Manvi
Date: -04-2014 Counsel for Plaintiff
 IN THE COURT OF HON’BLE CIVIL JUDGE AT: MANVI

O.S. No. /2014

Pragathi Gramina Bank V/s J.Narasappa and Another

Branch: Sirwar

INDEX

Sl.
Particulars No. of Pages Court Fees
No.
1. Plaint with verifying affidavit in 6 Pages each Rs.32,547/-
duplicate with court fee challen
of SBH.
2. Valuation Slip 1 page

2. List of documents with 1 Page __

documents
3. Vakalatanama Rs. 1/- + Rs.
10/- AWF

4. Process memo with three sets of Rs. 12/-

copies of plaint
TOTAL Rs. /-

Place: Manvi
Date: M.Virupaxigouda
Counsel for Plaintiff
 IN THE COURT OF HON’BLE CIVIL JUDGE AT: MANVI

O.S. No. /2014

Pragathi Krishna Gramina Bank V/s J.Narasappa and others

Branch: Sirwar

VALUATION SLIP

The above suit is filed for recovery of a sum of Rs.4,87,251=00.

Therefore the court fees of Rs.32,547/- paid on the plaint as per sec.
21 of KCF and SV Act is sufficient

The same valuation is adopted for the purposes of Jurisdiction

Place: Manvi

Date:
Counsel for Plaintiff
 IN THE COURT OF HON’BLE CIVIL JUDGE AT: MANVI

O.S. No. /2014

Pragathi Krishna Gramina Bank V/s J.Narasappa and Another

Branch: Sirwar

Process Memo

Please issue the suit summons to the defendants in the

above case.

The necessary process fee of Rs.12/- paid and the copies

of plaint in three sets is enclosed herewith is sufficient.

Place: Manvi

Date: Counsel for Plaintiff

 Amended Plaint
IN THE COURT OF HON’BLE CIVIL JUDGE AT: MANVI
O.S. No. 83 /2014

PLAINTIFF :: Pragathi Krishna Gramin Bank Br: Sirwar

(Formerly Known as Tungabhadra Gramin
Bank) a body corporated and constituted
under Regional Rural Bank Act1976 having
its head office at Bellary and Branch at
Sirwar amongst various Branches, through
its duly constituted attorney, principal
officer and Sr. Manager of Sirwar Branch
Amaresh Adoni S/o Narayanappa Aged
about: 59 years R/o Sirwar Tq: Manvi
Dist:Raichur

// Versus //

Defendants :: 1) Jambaladinni Narasappa S/o

Mareppa, Aged about: Major, Occ:
Agriculture, R/o Kadadinni Village,
Tq; Manvi Dist:Raichur. Dead by
L.R.’s
a) Ayyamma W/o. Narasappa
b) Mareppa S/o. Narasappa
c) Channabasava S/o. Narasappa
d) Beerappa S/o. Narasappa all
majors R/o. Kadadinni Tq: Manvi

2) Nagabasappa S/o Basanna, Aged

about: Major, Occ: Agriculture, R/o
Kadadinni, Tq; Manvi Dist:Raichur

CLAIM: For recovery of Money for Rs. 4,87,251/-

PLAINT U/O XXXIV RULE 1 TO 5 R/W ORDER VII RULE 1 & 2

OF C.P.C.
The plaintiff most humbly submits as under:

1. That, the name and address of the plaintiff and that of the
defendants are as shown in the cause title above for all-purpose. The
name and address of the counsel for the plaintiff is M.Virupaxigouda
Advocate Station Road, Raichur.

2.That, the plaintiff bank was earlier known as Tungabhadra Gramina

Bank. As per the notification dt: 12-09-2005 of the Government of India
all the four Regional Rural Banks sponsored by the Canara Bank in
Karnataka namely Tunga Bhadra Gramin Bank, Chitradurga Gramin
Bank, Kolar Gramin Bank, Sahyadri Gramin Bank have been
amalgamated into new Regional Rural Bank called as “Pragathi Gramin
Bank”. Thus Thungabhadra Gramin Bank called to be as Pragathi
Gramin Bank with effect from 12-09-2005. As per the notification
dtd:23-08-2013 of the Government of India the Krishna Gramin Bank
has been amalgamated with Pragathi Gramin Bank. Thus Pragathi
Gramin Bank called to be as “Pragathi Krishna Gramin Bank” with
effect from 23-08-2013.

3. That the defendant No.1 had applied for a loan of Rs.3,80,000/- for
the purposes of purchasing the Tractor. Where as the plaintiff Bank
sanctioned the Rs.3,80,000/- with the conditions that the same shall
be repaid with interest at 13% p.a. compoundable with half yearly rest
or such other rate as may be prescribed from time to time and the same
has to be repaid in 18 half year installments of Rs.21,000/- each with
accrued interest thereon and lost instalment of Rs.23,000/-with
accrued interest thereon commencing from 31-07-2008. In case of
delay in repaying the loan amount as agreed over due interest at 2%
has to be paid. The Defendant No.1 has to offer the Tractor to be
purchased as security by way of Hypothecation. Further he have to
offer his lands as security and have to offer the surety and accordingly
the defendant No. 2 offered himself as Co-Obligant /Surety to the
defendant No1. The application submitted the defendants with sanction
memorandum are herein produced.

4.That, the defendants No.1 on 20-12-2007 mortgaged the lands Sy.

No.73/1/AA msg 2A 07G, Sy.No. 73/1/EE msg 1A 10G, Sy.No. 73/5
msg 3A, Sy.No. 73/7 msg 1A 10G and Sy.No. 74/AA-2 msg 4A 39G all
situated at Kadadinni Village Tq: Manvi in favour of plaintiff bank as
security by way of registered simple mortgage deed bearing document
No.6552/07-08 and registered with Sub-Registrar, Manvi. The original
simple mortgage deed so executed by him is herein produced.

5.That the defendants agreeing to the terms and conditions executed

memorandum of agreement for agricultural loans on 31-12-2007. And
authorisation letter for making payment to M/s. V.K. Commercial
Corporation Sindhanoor. The documents so executed by them are
herein produced in original.

6.That, the Plaintiff Bank as per the instruction of the defendant No.1
released the amount in the account and the same was paid to M/s. V.K.
Commercial Corporation Sindhanoor in order to enable the defendant
No.1 to purchase the Vehicle.

7.That the defendant No.1 accordingly purchased the L&T John Deere
Tractor from the said motors and the same came to be registered with
regional Transport Office Raichur in the name of defendant No.1. The
said vehicle was assigned with No. KA-36/ TA-6625. The Hypothecation
of the plaintiff bank was also duly noted in the Registration Certificate.

8.That the plaintiff bank after the sanction of the loan and its release
opened the loan account in the name of the defendant No.1 as per Loan
Account No.FML 13/07. The extract of the said loan account, which
has been maintained in the usual and ordinary course of business, is
herein produced.
Contd., page 3
 -3-
9.That the defendants after the availment of the loan did not start
repaying the loan amount. Therefore the plaintiff Bank recalled all the
out standings and the officials made several request and demands to
the defendants to clear the dues and inspite of the same they have not
cared to clear the dues. Therefore the plaintiff Bank in pursuance of the
Hypothecation Agreement was compelled to seize the said Tractor and
sold the same in auction by adopting due process. The said Tractor
was sold for Rs.2,41,000/- in auction, the sale amount was credited to
loan account. Later Plaintiff asked for the balance loan amount they did
not care therefore plaintiff bank also got issued legal notice through it’s
advocate but they turned out with deaf ears. Hence this suit. The
defendants also executed letter of revivals on 07-10-2009 and 01-10-
2012 by confirming suit loan amount and same are produced here in
for kind perusal of Hon’ble court.

10.That the defendant No.1 is the Principal Borrower and the defendant
No.2 is the Co-Obligant/Surety and therefore they are all liable to clear
the dues jointly and severally.

11.That as per the Ledger Extract dtd: 15-04-2014, the defendants are
found due a sum of Rs.4,87,251/- after making necessary adjustments
regarding payments received and adjustments made. Further they are
liable to pay future interest at 15% p.a., from 26-04-2014 to
till its realization compoundable with half yearly rest.

12. The Details of Mortgage are as follows: -

1 Date of Mortgage 20-12-2007

2 Nature of Mortgage Registered Simple Mortgage Deed
3 Mortgagor Defendant No.1
4 Mortgagee Plaintiff
5 Document Registered Simple Mortgage Deed dated: 20-
12-2007 bearing document No.6552/07-08
and registered with Sub-Registrar, Manvi.
6 Amount Due Rs.4,87,251/- together with future interest
thereon at 15% p.a compoundable with Half
yearly rest,
7 Property mortgaged As described in the schedule

13.That above are facts which constitutes the cause of action for this
suit which arose for the first time on 20-12-2007 when the defendant
No.1 mortgaged the lands, further on 31-12-2007 when they availed the
loan by executing the documents, when on 15-01-2014 legal notice
issued, inspite of demands the defendants did not care to clear the dues
and the same has arisen within the jurisdiction of this Hon’ble court.

14.That the suit is Valued at Rs.4,87,251/- for the purpose of

jurisdiction and court fee of Rs.32,547/- paid through Challan of State
Bank of Hyderabad, Branch: Manvi which is sufficient.

15.Considering the nature of the suit, Place of accrual cause of action,

situation of Mortgaged properties and its Valuation the Hon’ble Court
 has got territorial and pecuniary jurisdiction and grant the relief sought
here in.

16.That the suit is within the period of Limitation.

HENCE IT IS PRAYED
That the suit of the plaintiff bank be decreed against the defendants
as under;
A) A preliminary decree in favour of bank for Rs. 4,87,251/-together
with future interest at 15% per annum compounded half yearly from the
date of suit till its realization of entire due amount with full costs of the
suit within the specified period and if the defendants fails to make
payment of decreetal amount within such, then the plaintiff bank be set at
liberty to go far final decree against the defendants to sell the mortgaged
schedule mentioned properties by way of public auction for realizing due
amount.

B) A money decree to be passed against the defendants for the recovery

of Rs. 4,87,251/- together with future at 15% per annum compounded half
yearly from the date of suit till realization of entire due amount with full
costs of the suit.
.

C) That in case the sale proceeds are found to be insufficient, then the
plaintiff bank may be permitted to proceed against the defendants No 1 to
2 holding them liable to pay jointly and severally and against other
properties.

D) Any other relief or relief’s which the Hon’ble court may deems fit in the
circumstance of the case may also be granted.

E) Cost of the suit be awarded in the interest of justice.

Place: Manvi Plaintiff

Date: 29-07-2015
Amaresh Adoni S/o Narayanappa
Pragathi Krishna Gramina Bank Sirwar.

SCHEDULE
DESCRIPTION OF THE PROPERTIES MORTGAGED

1. Land Sy. No. 73/1/AA measuring 02 acres 07 guntas of Kadadinni

village, Tq: Manvi, Dist: Raichur;

2. Land Sy. No. 73/1/EE measuring 01 acres 10 guntas of Kadadinni

village, Tq: Manvi, Dist: Raichur,
3. Land Sy. No. 73/5 measuring 03 acres of Kadadinni village, Tq:
Manvi, Dist: Raichur,

4. Land Sy. No. 73/7 measuring 01 acres 10 guntas of Kadadinni village,

Tq: Manvi, Dist: Raichur, All above lands are attached each other and
having common boundaries:

Bounded by:-
East: Land of Narasanna
West: Land of Earappa
North: Land of Goudayya
South: Land of Goudayya

5. Land Sy. No. 74/AA-2 measuring 04 acres 39 guntas of Kadadinni

village, Tq: Manvi, Dist: Raichur, bounded by :-

East : Land of Ramanna

West : Land of Ningayya
North : Land of Siddappa
South : Land of Siddappa

VERIFICATION

I, the above named Manager of the plaintiff bank, do hereby verify

the contents of the above plaint to be true and correct to the best of my
knowledge and belief, hence verified and signed by me on this day at
Raichur.

Plaintiff
Place: Manvi
Date: 29-07-2015

Through,

Amaresh Adoni S/o Narayanappa

Pragathi Krishna Gramina Bank Sirwar.

M. Virupakshigouda,
Advocate, Manvi