Bezawada Yesurathnam, vs Kommu Yesupadam,
2022 Latest Caselaw 8672 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                                MAIN CASE : S.A.No.96 of 2022
                                       PROCEEDING SHEET
Sl.      Date                                   ORDER                                OFFICE
No.                                                                                   NOTE

9.    11.11.2022
                   SRS,J
                                          S.A.No.96 of 2022
                          Plaintiff in the suit filed the present second
                   appeal       against   the   judgment    and   decree,    dated
                   03.11.2021 passed in A.S.No.235 of 2016 on the file of
                   learned VIII Additional District Judge, Vijayawada,
                   reversing the judgment and decree, dated 20.06.2016
                   passed in O.S.No.538 of 2015 on the file of learned VII
                   Additional Senior Civil Judge, Vijayawada.

                          Plaintiff filed O.S.No.538 of 2015 for recovery of
                   an amount of Rs.5,68,000/- together with interest and
                   costs on the strength of a promissory note.

                          The trial Court decreed the suit with costs for a
                   sum of Rs.5,68,000/- with subsequent interest on the
                   principal amount of Rs.4,00,000/- @ 12% per annum
                   from the date of suit till the date of decree and
                   thereafter @ 6% per annum from the date of decree till
                   the   date     of   realization.   Aggrieved   by   the   same,
                   defendants filed A.S.No.235 of 2016 and the same was
                   allowed setting aside the judgment of the trial Court,
                   against which the present second appeal is filed by the
                   plaintiff.

                          Heard.

                          Admit.

                          The following substantial questions of law arise
                   for consideration.
           1. Whether the judgment of the appellate
              Court is vitiated in not considering the
              evidence   of   PWs1   to   3   in   proper
              perspective?

          2. Whether the judgment of the appellate
              Court is vitiated in not framing points for
              consideration under Order XLI Rule 31 of
              CPC?

                                                   ______
                                                   SRS,J

                     I.A.No.1 of 2022

       Issue notice to the respondents.

Learned counsel for the petitioner is permitted to take out personal notice on the respondents by registered post with acknowledgment due and file proof of service.

Post on 02.12.2022.

______ SRS,J ikn