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2024 Supreme(AP) 77

VENUTHURUMALLI GOPALA KRISHNA RAO
K. Saraswathi W/o. Erama Reddy – Appellant
Versus
G. Munilakshmamma W/o. T. Brahmananda Reddy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MAHESWARA RAO KUNCHEAM
For the Respondents: P HEMACHANDRA

JUDGMENT :

This Appeal, under Section 96 of the Code of Civil Procedure [for short ‘the C.P.C.’], is filed by the Appellant/plaintiff challenging the Decree and Judgment, dated 02.06.2008, in O.S. No.244 of 2003 passed by the learned Additional Senior Civil Judge, Tirupati [for short ‘the trial Court’]. The Respondent herein is the defendant in the said Suit.

2. The appellant/plaintiff filed a Suit for recovery of a sum of Rs.4,07,100/- being the principal and interest due on a promissory note dated 25.03.2000 executed by the defendant in favour of plaintiff for Rs.2,95,000/- and for costs.

3. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.

4. The brief averments of the plaint, in O.S. No.244 of 2003, are as under:

The defendant borrowed an amount of Rs.2,95,000/- from the plaintiff on 25.03.2000 to meet her family expenses and executed a promissory note on the same day in favour of plaintiff agreeing to repay the same with interest at 24% per annum. But inspite of demands made by the plaintiff, defendant did not choose to pay any amount and has been postponing the same on one pretext or other. Plaintiff got issued a legal notice to defenda

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