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2023 Supreme(Kar) 888

SACHIN SHANKAR MAGADUM
D. L. Ramesh S/o Lingegowda – Appellant
Versus
Marilingaiah S/o Lingegowda @ Karigowda – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Venkatarami Reddy E.
For the Respondent: G.M. Ananda.

JUDGMENT :

SACHIN SHANKAR MAGADUM, J.

1. The captioned Second Appeal is filed by the unsuccessful defendant questioning the judgment and decree rendered by the Appellate Court in R.A. No. 74/2014, wherein the Appellate Court has reversed the decree of the Trial Court and plaintiff’s suit, seeking recovery of Rs. 66,000/- based on a promissory note, is decreed.

2. For the sake of brevity, the rank of the parties are referred as they are ranked before the Trial Court.

3. Facts leading to the case are as under:

    The plaintiff has instituted the present suit seeking recovery of Rs. 1,13,520/- based on a demand promissory note. The plaintiff contended that defendant approached him on 03.04.2009 and requested a hand loan of Rs. 66,000/-. The plaintiff claimed that he has lent the money to the defendant in the presence of witnesses and the defendant, on receipt of a hand loan of Rs. 66,000/- has executed a promissory note in the presence of two witnesses. The present suit is filed alleging that the defendant having availed hand loan has inspite of repeated requests, failed to repay the amount as agreed by him under the promissory note.

4. Defendant, on receipt of summons, tendered appearance, fi

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