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2008 Supreme(AP) 794

P.S.NARAYANA
Yelamarthi Jaya Lakshmi (died) per L. R. – Appellant
Versus
Devilal Janwar – Respondent


Advocates Appeared:
Mr. S.Srinivas Reddy, Counsel for the Appellants.
None appeared for Respondent No.1.
Mr. T.S.Ananri, Counsel for Respondent Nos. 2 and 3.

JUDGMENT

Facts in brief:- The unsuccessful plaintiff in O.S.No.36/88 on the file of II-Additional District Judge, East Godavari District, Rajahmundry is the appellant. The defendants therein are the respondents in this appeal. The suit was originally instituted as a.S.No.158/84 on the file of Sub-Court, Rajahmundry and the same was transferred and re-numbered as a.S.No.36/88 on the file of II-Additional District Judge, East Godavari District, Rajahmundry. The appellant-plaintiff died during the pendency of the appeal and appellant NO.2 was brought on record as the legal representative of the sole appellant by order dt.3-11-2003 in C.M.P.No.26023/2003. The appellant-plaintiff filed the suit against the respondents-defendants for recovery of Rs. 1,98,215-25 ps., with subsequent interest on the strength of equitable mortgage. The borrowing of the amounts on the strength of promissory note and also creation of the mortgage by deposit of title deeds had been pleaded by appellant - plaintiff. Incidentally, the stand was taken that 1st respondent – 1st defendant borrowed the amount for the purpose and on behalf of the joint family for family business. The 1st respondent – 1st defendant ha








































































































































































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