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2023 Supreme(AP) 19

SUBBA REDDY SATTI
K. Ramanjulu, S/o Dasanna – Appellant
Versus
M. Sundaramma, W/o late M. Munaswamy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri S.V. Muni Reddy

JUDGMENT :

Defendant, in the suit, filed the above second appeal aggrieved by the judgment and decree dated 08.09.2022 in A.S.No.118 of 2016 on the file of II Additional District Judge, Madanapalle confirming the judgment and decree dated 23.08.2016 in O.S.No.403 of 2014 on the file of Principal Senior Civil Judge, Madanapalle.

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

3. Plaintiffs filed suit O.S.No.403 of 2014 for recovery of money basing on registered simple mortgage dated 07.10.2011 and for passing preliminary decree etc.

4. The averments in the plaint, in brief, are that 1st plaintiff is wife and plaintiffs 2 and 3 are children of late Munaswamy Reddy. The defendant, owner of suit schedule property, borrowed an amount of Rs.2,00,000/- on 07.10.2011 from deceased Munaswamy Reddy and agreed to pay the same with interest @24% p.a. Defendant executed a registered simple mortgage deed dated 07.10.2011 in favour of Munaswamy Reddy by mortgaging the schedule property. In spite of demands made by Munaswamy Reddy, defendant failed to discharge the amount. Munaswamy Reddy died on 13.07.2014 leaving behind him, the plaintif

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