Tsreenivasulu vs P Sankaraiah
2021 Latest Caselaw 1296 AP

     THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN

                 SECOND APPEAL No.27 OF 2019

JUDGMENT:

The Second Appeal arises against the judgment and decree in

A.S.No.147 of 2016 on the file of the III Additional District Judge,

Nellore, SPSR Nellore District, date 08.08.2018, confirming the

judgment and decree in O.S.No.169 of 2013 on the file of the

Principal Senior Civil Judge, Nellore, dated 27.06.2016.

2. Heard the learned counsel for the appellant and the learned

counsel for the respondent.

3. The appellant herein is the appellant in the first appeal and

the defendant in the suit. The respondent herein is the

respondent in the first appeal and the plaintiff in the suit. The

plaintiff filed O.S.No.169 of 2013 on the file of the Principal Senior

Civil Judge, Nellore, against the defendant for recovery of money

on the basis of the promissory note, dated 12.07.2010 and costs.

The defendant contested the same saying that no consideration

was passed and it is only executed in the process of chit. Upon

hearing the matter on contest the trial Court decreed the suit in

favour of the plaintiff basing on the execution of the promissory

note for a sum of Rs.7,81,300/- with interest at 12% per annum

on the principle amount of Rs.4,00,000/- as per the judgment,

dated 27.06.2016. Aggrieved by the judgment, dated

27.06.2016, the defendant preferred the first appeal in

A.S.No.147 of 2016 on the file of the III Additional District Judge,

Nellore. Upon hearing on merits, the lower appellate Court

confirmed the trial Court judgment and decreed on 08.08.2018.

Assailing the same, the second appeal has been filed before this

Court raising certain grounds.

4. Upon perusal of the judgments and decrees of the lower

Courts and the material available on record, this Court comes to a

conclusion that there is no substantial question of law raised in

this second appeal. Hence, the Second Appeal is dismissed. No

costs.

As a sequel, miscellaneous petitions pending, if any, shall

stand closed.

______________________ JUSTICE B.KRISHNA MOHAN Date : 02.03.2021.

SPP

THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN

Second Appeal No.27 of 2019

Date : 02.03.2021 SPP