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2023 Supreme(AP) 1130

T. MALLIKARJUNA RAO
Vuggirala Udaya Chandra Rao, S/o. Venkaiah – Appellant
Versus
Sunkara Venkateswarlu, S/o. Kotaiah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ghanta Sridhar
For the Respondent: A B Lalitha Gayathri

JUDGMENT:

1. The Appeal, under Section 96 of the Code of the Civil Procedure, is filed by the appellant/defendant challenging the decree and Judgment dated 15.03.2012 in O.S.No.539 of 2008 passed by the learned IV Additional Senior Civil Judge, Guntur (for short, ‘trial court’). Respondent is the plaintiff in the said suit, who filed the suit in O.S.No.539 of 2008 seeking recovery of Rs.6,86,666/-with interest and costs from the defendant based on two promissory notes.

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

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

    Plaintiff has been working as Manager in Sai Renuka Lodge, Jinna Tower Center, Guntur, owned by Desu Veera Raghavamma @ Lalitha and her sister Vuggirala Venkayamma @ Laxmi, who is the wife of Pothuraju Venkateswarlu. The defendant was involved in real estate business along with Venkateswarlu and used to visit the lodge frequently. The plaintiff purchased 5 plots through the defendant but due to differences that arose later, the plots could not be conveyed to the plaintiff. As a result, the plaintiff requested the defendant to return the amount received for the plots. A

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