Koduri Sitarama Rao vs Matangi Victoria

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(AP) 566

B SYAMSUNDER
Koduri Sitarama Rao – Appellant
Versus
Matangi Victoria – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Damaraju Madhusudhan & Vijay Kumar
For the Respondent: Nimmagadda Satyanarayana

JUDGMENT :

Bandaru Syamsunder, J.

The defendants in OS.No.628 of 2005 on the file of Principal Junior Civil Judge’s Court, Tadepalligudem are the appellants. The respondents are the plaintiffs in the suit.

2. The appellants and the respondents hereinafter referred to as defendants and plaintiffs as arrayed before the trial Court.

3. The plaintiffs instituted the suit against the defendants for recovery of promissory note debt with interest, amounting to Rs.85,000/- and costs.

4. The case of the plaintiffs in brief is that one late Mr.K.Gopala Krishna, and his son Mr.Sita Rama Rao (1st defendant) jointly borrowed a sum of Rs.50,000/- from late Mr.M.Arjuna, who is the husband of the 1st plaintiff and father of the plaintiff Nos.2 to 4 for their business purpose, agreeing to repay the same with interest at 24% per annum and executed a demand promissory note in favour of late Mr.M.Arjuna on 01.12.2002. The plaintiffs submit that the 2nd defendant is the scribe of promissory note, who is no other than one of sons of 1st executants late Mr.K.Gopala Krishna. It is also the contention of the plaintiffs that on 09.06.2005 Mr.M.Arjuna died intestate, leaving behind them as legal heirs, due to tha