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2018 Supreme(AP) 457

B.SIVA SANKARA RAO
Namineni Audi Seshaiah – Appellant
Versus
Numburu Mohan Rao – Respondent


Advocates Appeared:
For the Petitioner:Kuriti Bhaskara Rao, Advocate.
For the Respondent:Uma Shankar Nemikanti, Advocate.

JUDGMENT :

1. The revision petitioner is the defendant in OS.No.228 of 2014 on the file of learned V Additional District Judge, Nellore. It is a suit based on 4 pro-notes said to have been executed by the defendant in favour of the plaintiff viz., 2 pronotes dated 04.02.2012 for Rs.10,00,000/- each and another pro-note of Rs.10,00,000/- on 09.03.2012 and another pronote of Rs.5,00,000/- on 13.08.2012 and that despite demands having failed to pay having issued cheque bearing No.374451 dated 17.06.2014 of Rs.50,00,000/- towards so called part payment out of it and the cheque later returned dishonoured and thereby entitled to the suit amount claimed of total Rs.58,00,332/- with interest on Rs.35,00,000/- from date of suit and for costs etc., is the sum and substance with supporting averments.

2. The defendant contested by filing written statement by denying the said averments with the say that the defendant never had any such necessity to borrow such huge amounts on the alleged dates. It was in relation to the venture of his son at Bangalore, the plaintiff’s son had some disputes and the plaintiff, his son and one Aluru Srinivas Reddy colluded together and created and fabricated the doc



















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