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2023 Supreme(AP) 740

B. S. BHANUMATHI
Parimi Gopal – Appellant
Versus
Rachamalla Koti Reddy – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Venkateswarlu Kolla.
For the Respondent: S. Satyanarayana Moorthy.

ORDER :

1. The Civil Revision Petition is filed under Article 227 of Constitution of India, challenging the order dated 19.09.2022 dismissing the petition in I.A.No. 303 of 2021 in O.S.No. 47 of 2021 on the file of the Court of IV Additional Senior Civil Judge, Guntur, filed by the petitioner under Order XII Rule 6 r/w Section 151 CPC by the petitioner/plaintiff with a prayer to pass judgment for Rs.16,32,000/-, based on admissions made by defendant in his written statement.

2. The plaintiff filed suit for recovery of money and interest on the principal amount of the loan based on a mortgage deed dated 13.05.2015. The defendant filed written statement stating that at Para No. 9 and 13 as follows:

    “9. It is further submitted that as per the understanding the defendant has to pay the interest on the debt every month to the plaintiff and as such the defendant since the respective dates of debts i.e., (Rs.12,00,000/- due under registered mortgage and Rs.19,65,000/- due under mortgage with conditional sale), till March, 2020 paid interest over the principal amount. The plaintiff was not in the habit of issuing any receipt for the amount received towards interest. Subsequently, in view of t

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