Dasari Purushottam vs Bobba Vasudeva Rao

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(AP) 361

T. MALLIKARJUNA RAO
Dasari Purushottam – Appellant
Versus
Bobba Vasudeva Rao – Respondent

Advocates:
Advocate Appeared:
For the Appellant: P PRABHAKAR RAO
For the Respondent: G JHANSI

JUDGMENT :

1. This Second Appeal has been filed by the Appellant/Appellant/Defendant against the Decree and Judgment dated 17.10.2006, in A.S.No.7 of 2003 on the file of VIII Additional District and Sessions Judge, (Fast Track Court), Vijayawada (for short, ‘the 1st Appellate Court’) confirming the decree and Judgment dated 20.01.2003, in O.S.No.16 of 1997 on the file of I Additional Senior Civil Judge, Vijayawada (for short, ‘the trial Court’).

2. The Respondent/Respondent is the Plaintiff, who filed the suit in O.S.No.16 of 1997 seeking recovery of Rs.50,600/- being the principal and interest from the Defendant based on the promissory note, dt.20.03.1994.

3. Referring to the parties as they are initially arrayed in the suit in O.S.No.16 of 1997 is expedient to mitigate any potential confusion and better comprehend the case.

4. The factual matrix, necessary and germane for adjudicating the contentious issues between the parties inter se, may be delineated as follows:

The defendant procured a sum of Rs.30,000/- from one Smt. K.Sarada, the spouse of Bapuji, on the 20.03.1994, executing a promissory note in favor of K. Sarada, thereby undertaking to recompense the borrowed amount along wi