Shaik Khadar Vali VS Shaik Maqbul

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

T MALLIKARJUNA RAO
Shaik Khadar Vali – Appellant
Versus
Shaik Maqbul – Respondent

Advocates:
Advocate Appeared:
For the Appellant : T LAKSHMI NARAYANA
For the Respondent: G L NAGESWAR RAOO

JUDGMENT :

1. This Second Appeal, under section 100 of Code of Civil Procedure, 1908 (for short, 'C.P.C'), has been filed by the Appellant/Respondent/Plaintiff against the Decree and Judgment dated 07.04.2009, in A.S.No.302 of 2008 on the file of IV Additional District Judge, Guntur (for short, ‘the 1st Appellate Court’) reversing the decree and Judgment dated 22.09.2008, in O.S.No.735 of 2005 on the file of II Additional Senior Civil Judge, Guntur (for short, ‘the trial Court’).

2. The Appellant/Respondent is the Plaintiff, who filed the suit in O.S.No.735 of 2005 seeking recovery of Rs.3,98,800/- being the principal and interest from the Defendant based on the promissory note.

3. Referring to the parties as they are initially arrayed in the suit is practical to mitigate 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 1st Defendant is the wife, and Defendants 2 and 3 are the sons of Shaik Abdul Rahiman, who borrowed a sum of Rs.3,00,000/-from the Plaintiff under a promissory note dated 08.08.2004, executed for his family's necessities. Shaik Abd