Polamreddy Venkata Reddy vs Puvvada Chandra Sekhar
2022 Latest Caselaw 4026 AP

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           HIGH COURT OF ANDHRA PRADESH

 MAIN CASE No: S.A.No. 1421 of 2018

                    PROCEEDINGS SHEET
SL.     DATE                 ORDER                                     OFFICE
NO.                                                                     NOTE
6.    15.07.2022 BKM, J

                       S.A.No.1421 of 2018
                       Admit.
                       Notice.
                       Heard the counsel for the appellant.
                       In spite of service of notice to the
                respondents, none appears.

This Second Appeal arises against the judgment and decree in AS.No.86 of 2015 on the file of VII Additional District Judge, Ongole, dated 22.11.2016 allowing the same by reversing the judgment and decree passed in O.S.No.41 of 2013 on the file of I Addl.Junior Civil Judge, Ongole at Prakasam District for recovery of Rs.39,650/- with interest basing upon the promissory note, dated 10.01.2010 said to have been executed by the defendant/appellant herein.

On hearing the matter on merits, the suit was dismissed by the trial court vide its judgment dated 31.03.2015.

Aggrieved by the same, the respondent herein preferred an appeal in the lower appellate court in AS.No.86 of 2015 and the same was allowed by the learned VII Additional District Judge, Ongole, vide its judgment dated 22.11.2016 granting the release of payment of Rs.

SL.   DATE                        ORDER                       OFFICE
NO.                                                            NOTE

39,650/- with interest at 12 percent per annum till the date of decree. Thereafter, at 06 percent per annum till the date of realization, etc., as mentioned in the said judgment.

Aggrieved by the same, the respondents therein/ appellants herein filed this Second Appeal under Section 100 C.P.C and substantial question of law is framed as follows;

"Whether the judgment of the lower appellate court is perverse in appreciating the evidence on record while reversing the judgment and decree of the trial court?"

There shall not be any coercive steps pending Second Appeal on the condition that the appellant deposits 50 percent of the decretal amount as per the lower appellate court judgment within a period of four (4) weeks from the date of receipt of copy this order. On such deposit, the respondents can withdraw the same without furnishing any security.

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                                                 BKM, J
              PKR





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