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2022 Supreme(AP) 771

SUBBA REDDY SATTI
G. Subba Narasaiah – Appellant
Versus
Badam Uma Maheswar Rao – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T.C. Krishnan.

JUDGMENT :

Defendant in the suit filed the above second appeal aggrieved by the judgment and decree dated 18.11.2021 in A.S.No.56 of 2019 on the file of III Additional District Judge, Kurnool at Nandyal, confirming the judgment and decree dated 04.06.2019 in O.S.No.440 of 2017 on the file of Principal Junior Civil Judge, Nandyal.

2. For the sake of convenience and brevity, parties to this judgment are referred to as per their array in suit.

3. Plaintiff filed the suit O.S.No.440 of 2017 for recovery of an amount Rs.2,73,000/-, principal being Rs.2,25,000/- from the defendant on the strength of promissory note dated 20.10.2016.

4. The averments of the plaint, in brief, are that that defendant borrowed an amount of Rs.2,25,000/- on 20.10.2016 for his family and business necessities and executed a promissory note agreeing to repay the same with interest @ 24% per annum. In spite of demands made by plaintiff, defendant failed to repay the same. Plaintiff got issued legal notice dated 12.06.2017. Having received legal notice, however defendant did not give any reply. Hence, the suit was filed.

5. Defendant filed written statement and admitted about borrowing of Rs.2,25,000/-. He further plea

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