K. S. SHRIVASTAV, J.

( 1 ) PLAINTIFF in O. S. No. 79/81 is the appellant in A. S. No. 145/90 while the defendant No. 3 is the appellant in a. S. No. 740/85. Similarly, the plaintiff in o. S. No. 80/81 is the appellant in a. S. No. 1533/85 while the Defendant No. 3 is the appellant in A. S. No. 776/1985.

( 2 ) BOTH the suits, that is O. S. No. 79/81 and O. S. No. 80/81 have been disposed by the principal Subordinate Judge, Visakhapatnam, through a common judgment and, therefore, these appeals are being decided by a common judgment.

( 3 ) IT is an admitted fact that the Defendant nos. 2, 3, 4 in both the suits are real brothers and the Defendant Nos. 3 and 4 are the partners of the 1st defendant-firm while the second defendant is its managing Partner. PW3 and DW2 are real brothers. DW2 is the husband of the 5th defendant in O. S. No. 79/81 and PW3 is the husband of the 5th defendant in O. S. 80/81. The plaintiff in both the suits is the brother-in-law (loser) of the 3rd defendant in both the suits.

( 4 ) IT is no longer in controversy before me that the 5th defendant in O. S. 79/81 had lent an amount of Rs. 17,000/- on interest to the first defendant-firm through Pronote, ex. A1. She

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