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2005 Supreme(AP) 991

P.S.NARAYANA
Cross-Objections Kusa Lingaiah – Appellant
Versus
Pandiri Laxmaiah – Respondent


( 1 ) INTRODUCTORY Facts : this appeal is filed by the unsuccessful defendant in O. S. No. 18 of 1994 on the file of the Senior Civil Judge, Nalgonda.

( 2 ) RESPONDENT-PLAINTIFF filed the above suit for recovery of an amount of rs. 2,10,350. 07 ps. with future interest at the rate of 14. 5% per annum till the date of realization. The same was resisted by way of filing written statement and after settlement of issues recorded the evidence of PWs. 1 to 5 and DW. 1 and on appreciation of documentary evidence exs. A1 to A16 and Ex. B1, the learned Senior civil Judge, Nalgonda, ultimately decreed the suit for Rs. 1,60,073/- with future interest at 6% per annum from the date of decree till the date of realization along with costs.

( 3 ) IN view of the fact that the pending interest has been negatived, respondent-plaintiff filed cross-objections questioning the same. Pleadings of the Parties :

( 4 ) RESPONDENT-PLAINTIFF filed the suit for recovery of amount as already referred to supra. It was pleaded in Paragraphs 3 to 10 of the plaint as hereunder : 3. That the plaintiff and defendant are the residents of Chityal Village and Mandalam, nalgonda District. The plaintiff and defendant agreed





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