Moduku Krishna Reddy, vs Bheemavaram Krishnavenamma,
2022 Latest Caselaw 4284 AP

               HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                           MAIN CASE NO.: S.A.No.313 of 2022
                                    PROCEEDING SHEET
Sl.     Date                                    ORDER                                     OFFICE
No.                                                                                        NOTE

1.    19.07.2022   SRS,J
                                          S.A.No.313 of 2022

                         The appellant/plaintiff filed the present second appeal
                   against the judgment and decree, dated 25.03.2022 passed in
                   A.S.No.12 of 2018 by learned Senior Civil Judge, Punganur
                   reversing the judgment and decree, dated 09.07.2018 passed
                   in O.S.No.225 of 2016 on the file of learned Principal Junior
                   Civil Judge, Punganur.

                         The appellant/plaintiff filed O.S.No.225 of 2016 for
                   recovery of an amount of Rs.2,03,500/- being the principle
                   and   interest   due    under     conditional    agreement,    dated
                   10.01.2015 for Rs.1,50,000/-.

                         The respondents/defendants filed written statement.

They disputed the conditional agreement, dated 10.01.2015 and stated that there is no cause of action for filing the suit and no consideration was passed under the agreement.

The trial Court decreed the suit vide judgment, dated 09.07.2018 and against the said judgment, the respondents/defendants preferred A.S.No.12 of 2018. The learned first appellate Court allowed the said appeal by setting aside the judgment and decree of the learned trial Court. Hence, the present second appeal.

Heard.

Admit.

The following substantial questions of law arise for consideration.

1. Whether the judgment of lower appellate Court is vitiated in discarding evidence of the plaintiff and also admission of DW1?

2. Whether Ex.A1, conditional agreement, is not an attestable document in the eye of the Law?

3. Whether the lower appellant Court considered the evidence of PW2, attester of Ex.A1 in proper perspective and that Ex.A1 is not compulsory attestable document?

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

Post this petition along with the second appeal.

______ SRS,J ikn