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2025 Supreme(Online)(Tel) 52071

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE K. SUJANA
V.GANDHI. – Appellant
Versus
R.ARWAPALLI. – Respondent
AS 3612/2003



THE HONOURABLE SMT. JUSTICE K. SUJANA

JUDGMENT:

Challenging the judgment and decree dated 22.04.2002 passed in O.S.No.75 of 1998 by the learned Senior Civil Judge, Khammam, the present Appeal Suit is filed.

2. The brief facts of the case are that the respondent filed the suit for the recovery of an amount of Rs.1,53,826/- based on two promissory notes executed by the appellant. The appellant filed a written statement before the trial Court, denying the execution of the promissory notes. Based on the pleadings, the trial court framed four issues. On behalf of the plaintiff, PW.1 was examined, and Ex.A1 to A4 were marked. On behalf of the defendant, DW.1 was examined, but no exhibits were marked. After examining the evidence, the trial Court, vide order dated 22.04.2002, decreed the suit for a sum of Rs.1,53,826/- with costs and future interest at 24% per annum on Rs.90,000/- and Rs.40,000/- from the date of the suit until the date of decree. Additionally, it ordered realization. Aggrieved thereby, the appellant preferred the present appeal suit.

3. Heard Sri DSNV Prasad Babu, learned counsel appearing on behalf of the appellant. Despite service of notice, none appeared on behalf of the respondents.

4. Learned counsel for the appellant submitted that the suit was decreed for Rs.1,53,826/- in the year 2002. The appellant paid an amount of Rs.1,43,310/- on 06.01.2003 and is willing to pay the remaining amount and he prayed the Court to pass appropriate orders.

5. Upon consideration of the submissions and perusal of the material on record, it is noted that the appellant paid an amount of Rs.1,43,310/- one year after the decree, and the suit amount is Rs.1,53,826/-. The appellant is now ready to pay the remaining amount. However, the trial Court had decree till realization. As the appellant already paid the majority of the amount in the year 2003, it is directed that for the remaining balance, the appellant shall deposit the remaining amount at 6% per annum in the trial Court within (4) weeks from the date of receipt of a copy of this order.

6. Accordingly, this Appeal Suit is disposed of. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand closed.

_______________

K. SUJANA, J Date: 17.06.2025 SAI THE HONOURABLE SMT JUSTICE K. SUJANA Date: 17.06.2025 SAI

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