A.Venkata Chalapathi vs Chilla Suman
2022 Latest Caselaw 1653 AP

                           HIGH COURT OF ANDHRA PRADESH


MAIN CASE NO:       S.A.No.155 of 2022
                              PROCEEDING SHEET
Sl.N      Date                            ORDER                         OFFICE
 o.                                                                      NOTE




       07.04.2022 BSB, J
                                    I.A.No.1 of 2022

                       This petition is filed to dispense with the
                  filing of the certified copy of decree and
                  judgment dated 12.07.2019 in O.S.No.34 of 2018
                  on the file of the court of the Additional Senior
                  Civil Judge, Kadapa.
                       The petition is allowed dispensing with
                  filing of the certified copy for the present.

                                                  _________________
                                                  B.S.BHANUMATHI,J

                                 S.A.No.155 of 2022

                      Heard the learned counsel for the appellant.
                      The    suit    is   filed   for   recovery   of
                  Rs.3,50,000/- with interest and costs based on
                  an agreement, the date on which is the dispute,
                  besides the amount and the nature of the
                  agreement. The trail Court dismissed the suit,
                  whereas the appellate Court allowed the appeal
                  decreeing the suit.      Having aggrieved by the
                  same, the defendant filed the appeal before this
                  Court mainly contending that the agreement is
                  imperfect for want of date, the nature of the
                  amount, but the first appellate Court, without
                  considering the points held by the trail Court,
                  erroneously allowed the first appeal.       In this
                  regard, the following substantial questions of
                  law are raised.
   a.    Whether the judgment of the lower
     appellate court is sustainable in law and to
     appreciate the entire evidence, failed to
     consider the admissions of PW.1 and PW.2 who
     have deposed about the contents of Ex.P.1 and
     whose evidence is considered and accepted by
     the trial Court.
  b. When the lower appellate court misread the
     evidence and gave perverse findings based on
     presumptions and assumptions contrary to the
     findings of the trail court whether such a
     judgment is sustainable in law.
  c. Whether the lower appellate court grossly
     erred in finding the characteristics of
     promissory note and relationship of creditor
     and debtor.
  d. Whether the lower appellate court grossly
     erred in not believing the material alteration
     in Ex.P.1 and no consideration was passed
     between plaintiff and defendant.



       In view thereof, it is a fit case to admit
the appeal.
       ADMIT.
       Notice to respondent.

Post on 29.04.2022.

Learned counsel for the appellant is permitted to take out personal service of notice to the respondent through RPAD and file proof thereof.

_________________ B.S.BHANUMATHI,J

I.A.No.2 of 2022

This petition is filed to suspend the decree and judgment dated 01.12.2021 in A.S.No.93 of 2019 on the file of the court of IV Additional District Judge, Kadapa.

Notice to respondent.

Post on 29.04.2022.

Learned counsel for the appellant is permitted to take out personal service of notice to the respondent through RPAD and file proof thereof.

Till then, the interim order as prayed for, is granted.

_________________ B.S.BHANUMATHI,J PNV