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2023 Supreme(AP) 759

T. MALLIKARJUNA RAO
Pantham Venkata Thammi Raju Babu – Appellant
Versus
Dodda Srirama Kiran – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N Vijay
For the Respondent: A K Kishore Reddy

JUDGMENT :

1. The Appeal, under Section 96 of the Code of the Civil Procedure, 1908 (for short, 'C.P.C.'), is filed by the appellant/Defendant challenging the decree and Judgment, dated 28.03.2012 in O.S. No.13 of 2010 passed by the learned Senior Civil Judge, Peddapuram, (for short, ‘trial court’).

2. Respondent, the plaintiff, filed the suit in O.S. No.13 of 2010 seeking recovery of Rs.7,52,000/-on the foot of a promissory note against the defendant.

3. The parties will hereinafter be referred to as arrayed before the trial Court.

4. The facts leading to the present Appeal, in a nutshell, are as under:

    (a) On 05.01.2008, the defendant borrowed a sum of Rs.5,00,000/- from the plaintiff for his business and family expenses and executed a promissory note, agreeing to repay the same with interest @ 24% per annum either to the plaintiff or his order on demand. Subsequently, despite repeated demands, the defendant did not choose to repay the suit debt. On 02.02.2010, the plaintiff got issued a legal notice to the defendant calling upon him to repay the suit debt and the same was received by the defendant, but he neither gave any reply nor complied with the demand.

(b) The defendant is not an

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