IN THE COURT OF THE JUNIOR CIVIL JUDGE, TADIPATRI.

O.S.No. /2020
Between:
Thippavathi. Venkata Ramana >>>>> Plaintiff

And

Vaddi. Padmanabham >>>>> Defendant

AFFIDAVIT OF THE PLAINTIFF, FILED U/s 26(2) Cr.P.C

I, Thippavathi. Venkata Ramana, son of T. Venkata Narayana, Hindu, aged 40

years, business, residing at D.No.2/521-A, Ragithotapalem, Tadipatri Town,
Ananthapuramu District, do hereby solemnly affirm and state as follows:-

1) I am the Plaintiff herein and well acquainted with the facts of the case.

2) I submit that on 8-5-2017, the defendant herein approached me and

borrowed an amount of Rs.6,00,000 (Rupees Six Lakh Only) for his family
necessities, from me, agreeing to repay the said amount with interest at 15% p.a.
On the same day, as a way collateral security for the debt, the defendant
executed a simple registered mortgage deed No.2182/2017, dt.8-5-2017, in
favour of me, mortgaging the schedule mentioned property in favour of me. The
original registered mortgage deed No. 2182/2017, dt.8-5-2017, is filed herewith
and the contents of the same may kindly be read as part and parcel of this
affidavit.

3) I submit that I made several demands, calling upon the defendant to

pay the amount due on the mortgage. I also issued a legal notice, dated 25-7-
2019 calling upon the defendant to repay the amount due under the mortgage
deed. The defendant received the legal notice. The office copy of the legal
notice, dt.25-7-2019 and the postal receipt, are filed herewith. The Defendant
issued a Reply Notice, dated 2-8-2019, through his Advocate. But, the defendant
did not care to pay any amount, towards the debt due to me. Hence, I am
constrained to file this suit against the defendant.

4) It is, therefore, prayed that the Hon’ble Court may be pleased to

pass;
a) a preliminary decree against the Defendant for directing him to
pay the suit amount, costs of the suit and future interest at 15% p.a., within
time prescribed by the Hon’ble Court and if the defendant fails to pay the
same, to pass a final decree for the sale of the schedule mentioned
mortgaged property and the sale proceeds deposited into court and
applied in payment of amount found due under the Preliminary Decree;
b) in case the sale proceeds are not found sufficient to discharge the
decree debt to pass a personal decree against the defendant, for the
realization of the balance amount;
c) such other relief or reliefs as the Hon’ble Court deems fit and
proper, in the circumstances of the suit, in the interest of justice.

Deponent

Solemnly affirmed and signed before me at Tadipatri on this 8 th day of November,

2020.

Advocate.