B.Balaji singh vs Jayanthi Naga Sudha Lakshmi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(AP) 454

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE T MALLIKARJUNA RAO, J
B.Balaji singh – Appellant
Versus
Jayanthi Naga Sudha Lakshmi – Respondent

Advocates Appeared:
For the Appellant : O. Manohar Reddy
For the Respondent: N. Ranga Reddy

JUDGMENT :

(T. MALLIKARJUNA RAO, J.)

1. This Second Appeal has been filed by the Appellant/Respondent/ Defendant against the Decree and Judgment dated 25.11.2002, in A.S.No.50 of 2000 on the file of Senior Civil Judge, Gooty (for short, ‘the First Appellate Court’) reversing the decree and Judgment dated 02.11.2000, in O.S.No.40 of 1999 on the file of Junior Civil Judge, Guntakal (for short, ‘the Trial Court’).

2. The Respondent/Appellant is the Plaintiff, who filed the suit in O.S.No.40 of 1999 seeking recovery of Rs.33,690/-, the principal and interest, from the Defendant based on the promissory note dated 25.04.1996.

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

On 25.04.1996, Defendant borrowed Rs.20,000/- in cash from Plaintiff for personal necessity and executed a promissory note in favour of Plaintiff on the same day, agreeing to repay the amount with interest at 24% per annum. Despite several demands for repayment and a registered notice issued to