Pinniboyina Venkateswarlu vs Burla Sambaiah
2022 Latest Caselaw 2369 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 of which, the amount
                  therein and its the nature are in dispute. 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, besides being materially altered 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