S.E.Venkatesh Moorthy vs Molla Mowlali Saheb
2021 Latest Caselaw 319 AP

      HONOURABLE SRI JUSTICE B. KRISHNA MOHAN

                SECOND APPEAL No.27 of 2021


JUDGMENT:

This Second Appeal is filed against the Judgment and

decree of the learned Senior Civil Judge, Nandikotkur in

A.S.No.8 of 2017 dated 06.02.2020, confirming the Judgment

and Decree of the Junior Civil Judge, Nandikotkur in

O.S.No.208 of 2011 dated 22.09.2017.

The appellants herein are the appellants before the lower

appellate Court and the plaintiffs in the suit before the trial

Court. The respondents herein are the respondents in the lower

Appellate Court and the defendants in the suit. The suit is filed

by the plaintiffs against the defendants for claiming damages of

Rs.53,000/- with interest at the rate of 12% per annum from

the date of suit till the date of realization and costs of the suit.

The Trial Court has framed the issues.

1.whether the plaintiff is entitled for a suit claim of

Rs.53,000/- as prayed for?

2. whether there is no cause of action for filing of suit.

After considering the case on merits, the trial Court has

come to a conclusion that the plaintiffs could not prove their

case with regard to the issues framed and accordingly, the suit

was dismissed vide Judgment dated 22.09.2017.

Aggrieved by the same, the appeal is preferred by the

plaintiff before the Senior Civil Judge, Nandikotkur in A.S.No.8

of 2017. Considering the case on merits, the appellate Court

comes to a conclusion that the plaintiffs could not prove their

case for grant of any relief and the appeal was dismissed by

confirming the Judgment and decree of the Trial Court in

O.S.No.208 of 2011 dated 22.09.2017. Aggrieved by the same,

the appellants filed the present Second Appeal before this Court

assailing the Judgments of the Courts below by raising certain

grounds.

Upon perusal of the lower Court Judgments and material

available on record, this Court finds that there is no merit in the

Second Appeal, as the appellants could not establish any

substantial question of law to entertain this appeal.

Accordingly, the Second Appeal is dismissed. No costs.

Consequently miscellaneous applications pending, if any,

shall also stand closed.

________________________ B. KRISHNA MOHAN, J

Date: 22-01-2021 TM

HONOURABLE SRI JUSTICE B. KRISHNA MOHAN

Second Appeal No.27 of 2021

Dated: 22.01.2021

TM