N.Veera Venkata Rama Reddy vs Sathi Venkata Krishna Reddy,
2022 Latest Caselaw 9924 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                             MAIN CASE : S.A.No.579 of 2022
                                    PROCEEDING SHEET

Sl.      Date                                   ORDER                             OFFIC
No.                                                                                 E
                                                                                  NOTE

1.

30.12.2022 SRS,J I.A.No.1 of 2022

This application is filed to condone the delay of 394 days in representing the above second appeal (SR).

For the reasons mentioned in Para Nos.2 and 3, the delay of 394 days in representing the above second appeal (SR) is condoned.

Accordingly, this petition is ordered.

______ SRS,J S.A.No.579 of 2022

Defendant in suit filed the present second appeal against the judgment and decree dated 18.03.2021 in A.S.No.79 of 2017 on the file of the Principal District Judge, Rajamahendravaram, East Godavari District, reversing the judgment and decree dated 02.02.2017 in O.S.No.748 of 2014 on the file of the Senior Civil Judge, Ramachandrapuram, East Godavari District.

O.S.No.748 of 2014 is filed for recovery of a sum of Rs.9,60,400/- from the defendant with future interest and costs.

The trial Court dismissed the suit. Aggrieved by the same, plaintiff preferred appeal A.S.No.79 of 2017 and the same allowed. Hence, the present Second Appeal is filed by the defendant.

Heard.

ADMIT.

The following substantial questions of law arise for consideration.

1) Whether the judgment of the appellate Court is vitiated in not framing a point for consideration under Order 41 Rule 31 of CPC?

2) Whether the plaintiff proved his capacity to lend the amount in the light of the specific plea raised by the defendant?

3) Whether the judgment of the lower appellate Court is liable to be set aside?

4) Whether drawing presumption under Section 118 of the NI Act by the appellate Court is sustainable in the facts and circumstances of the present case?

______ SRS,J I.A.No.2 of 2022

Heard.

There shall be stay of execution of decree in O.S.No.748 of 2014 on the file of the Senior Civil Judge, Ramachandrapuram, East Godavari District, subject to appellant shall deposit ¼ of the decretal amount to the credit of the suit within a period of eight weeks from today. If the appellant fails to comply the aforementioned condition, the interim order granted shall stands vacated without further reference of this Court.

_______ SRS,J KA