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2019 Supreme(Kar) 1921

H.B.PRABHAKARA SASTRY
R. Chandrashekar, S/o. Late Sri. Ramanna – Appellant
Versus
R. Chandrashekar, S/o. Sri. G. Rajaram – Respondent


Advocate Appeared:
For the Petitioner:Sri. G.B.Nandeesh Gowda, for Sri. R.B.Sadasivappa, Advocate
For the Respondent:Sri.N.Devaraj & Sri.M.N.Nagesh, Advocates

JUDGMENT :

This is a defendant’s appeal. The original suit filed by the present respondent against the present appellant in the Court of the learned XXX Additional City Civil Judge, Bangalore City (hereinafter for brevity referred to as the “Trial Court”) in O.S.No.3280/2002 for recovery of a total sum of Rs.34,000/- - with interest thereupon came to be decreed by the Trial Court by its judgment and decree dated 12-12-2011. It is against the said judgment and decree, the defendant in the Trial Court has preferred this appeal.

2. The summary of the case of the plaintiff in the Trial Court was that, the defendant was the colleague of plaintiff’s father who had approached the plaintiff through his father for financial assistance. Considering the same, the plaintiff gave a hand loan of a sum of Rs.34,000/- on 11-07-1999 to the defendant in which regard, the defendant had executed an On-Demand Promissory Note in favour of the plaintiff. The defendant had agreed to repay the said loan within three months from the date of the loan. Since the defendant did not repay the loan amount despite the demand made by the plaintiff, a legal notice dated 17-10-2001 was sent to the defendant on behalf o

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