Pericharla Sudara Vijaya Lakshmi vs Kusampudi Buchiraju Died

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(AP) 765

T. MALLIKARJUNA RAO
Pericharla Sudara Vijaya Lakshmi – Appellant
Versus
Kusampudi Buchiraju Died – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: P N Murthy
For the Respondent: P Durga Prasad

Table of Content
1. facts of the case and relationships among parties. (Para 1 , 2 , 4)
2. details of proceedings, claims, and counterclaims. (Para 5 , 6 , 8)
3. arguments regarding the capacity to lend and onus of proof. (Para 10 , 11 , 29)
4. court's reasoning on execution and validity of promissory notes. (Para 12 , 55)
5. conclusion and order of the court regarding the appeal. (Para 56 , 57)

JUDGMENT :

1. The Appeal, under Section 96 of the Code of the Civil Procedure, is filed by the appellants/Defendants 3 and 4 challenging the decree and Judgment dated 21.01.2009 in O.S.No.19 of 2005 passed by the learned Senior Civil Judge, Kothapeta, East Godavari District (for short, ‘trial court’). Respondents 4 to 6 are the defendants 1, 2 and 5 in the said suit.

2. Respondents 1 to 3 are the plaintiffs, who filed the suit in O.S.No.19 of 2005 seeking recovery of Rs.3,95,065/-from the defendants personally and from their movable and immovable properties and by proceeding against the assets of deceased P.Satyanarayana Raju with subsequent interest @ 12% p.a., from the date of suit till the date of realization.

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

4. The

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2023 Supreme(AP) 765

T. MALLIKARJUNA RAOPericharla Sudara Vijaya Lakshmi – AppellantVersusKusampudi Buchiraju Died – Respondent

Cases Referred (4)

T. MALLIKARJUNA RAO
Pericharla Sudara Vijaya Lakshmi – Appellant
Versus
Kusampudi Buchiraju Died – Respondent