Guthikonda Viswanatham vs Guthikonda Venugopal Naidu

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(AP) 1370

T. MALLIKARJUNA RAO
Guthikonda Viswanatham – Appellant
Versus
Guthikonda Venugopal Naidu – Respondent

Advocates:
Advocate Appeared:
For the Appellant : C.H.C. Krishna Reddy
For the Respondent: T.C. Krishnan

JUDGMENT :

T. MALLIKARJUNA RAO, J.

1. This Second Appeal has been filed by the Appellant/Appellant/Defendant against the Decree and Judgment dated 17.09.2007, in A.S. No. 82 of 2006 on the file of Principal District Judge, Nellore (for short ‘the 1st Appellate Court’) confirming the decree and Judgment dated 15.02.2006, in O.S. No. 90 of 2001 on the file of Senior Civil Judge, Gudur (for short, ‘the trial Court’).

2. The Respondent/Respondent is the Plaintiff, who filed the suit in O.S. No. 90 of 2001 seeking recovery of Rs. 1,63,865/- being the principal and interest from the Defendant based on the promissory note, dated 05.05.1999.

3. Referring to the parties as they are initially arrayed in the suit 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:

Defendant borrowed Rs.1,00,000/- from Plaintiff on 05.05.1999 for business purposes, agreeing to repay the amount with interest at 24% per annum, either to Plaintiff or to his order, upon demand. A promissory note was executed on the same date. Despite repeated demand