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2023 Supreme(Online)(AP) 14577

HIGH COURT OF ANDHRA PRADESH
R. Raghunandan Rao, J
Vanacherla Naga Srinu – Appellant
Versus
Alapati Ramesh – Respondent


Advocates:
For the Appellants/Petitioners: SAI GANGADHAR CHAMARTY
For the Respondents: YALLABANDI RAMATIRTHA

Table of Content
1. disputed loan details and previous suits. (Para 1 , 2 , 3)
2. court's observations on rights and amendments. (Para 6 , 12 , 13 , 14)
3. rationale for allowing amendment. (Para 8 , 11)
4. arguments on trial commencement and amendment. (Para 9 , 10)
5. outcome of the civil revision petition. (Para 15)

ORDER:

The respondent herein had filed O.S.No.177 of 2016 before the Learned VIII Additional District Judge, Eluru for recovery of a sum of Rs.17,18,000/- from the petitioners herein, on the ground that they had taken a loan of Rs.10,00,000/- to be repaid with interest and had also executed a promissory note to that effect on 29.12.2013. The respondent took the plea that the said amount was not paid when a demand was made and that the respondent had to approach the Court for recovery of the said money.

2. The petitioners herein had filed a written statement stating that they had never executed any promissory note nor taken a loan of Rs.10,00,000/-. The petitioners also stated that they had taken a loan of Rs.1,00,000/- along with their father and had executed a simple mortgage deed in favour of the respondent as security for repayment of the said sum of Rs.1,00,000/-, which

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