V.Gandhi. vs R.Arwapalli.
2025 Latest Caselaw 3993 Tel

Telangana High Court

V.Gandhi. vs R.Arwapalli. on 17 June, 2025

      THE HONOURABLE SMT. JUSTICE K. SUJANA


               APPEAL SUIT No.3612 of 2003


JUDGMENT:

Challenging the judgment and decree dated 22.04.2002

passed in O.S.No.75 of 1998 by the learned Senior Civil

Judge, Khammam, the present Appeal Suit is filed.

2. The brief facts of the case are that the respondent filed

the suit for the recovery of an amount of Rs.1,53,826/- based

on two promissory notes executed by the appellant. The

appellant filed a written statement before the trial Court,

denying the execution of the promissory notes. Based on the

pleadings, the trial court framed four issues. On behalf of the

plaintiff, PW.1 was examined, and Ex.A1 to A4 were marked.

On behalf of the defendant, DW.1 was examined, but no

exhibits were marked. After examining the evidence, the trial

Court, vide order dated 22.04.2002, decreed the suit for a

sum of Rs.1,53,826/- with costs and future interest at 24%

per annum on Rs.90,000/- and Rs.40,000/- from the date of

the suit until the date of decree. Additionally, it ordered

interest at 6% per annum from the date of decree until

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realization. Aggrieved thereby, the appellant preferred the

present appeal suit.

3. Heard Sri DSNV Prasad Babu, learned counsel

appearing on behalf of the appellant. Despite service of notice,

none appeared on behalf of the respondents.

4. Learned counsel for the appellant submitted that the

suit was decreed for Rs.1,53,826/- in the year 2002. The

appellant paid an amount of Rs.1,43,310/- on 06.01.2003

and is willing to pay the remaining amount and he prayed the

Court to pass appropriate orders.

5. Upon consideration of the submissions and perusal of

the material on record, it is noted that the appellant paid an

amount of Rs.1,43,310/- one year after the decree, and the

suit amount is Rs.1,53,826/-. The appellant is now ready to

pay the remaining amount. However, the trial Court had

ordered interest at 24% per annum from the date of the suit

till the date of decree, and 6% per annum from the date of

decree till realization. As the appellant already paid the

majority of the amount in the year 2003, it is directed that for

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the remaining balance, the appellant shall deposit the

remaining amount at 6% per annum in the trial Court within

(4) weeks from the date of receipt of a copy of this order.

6. Accordingly, this Appeal Suit is disposed of. There shall

be no order as to costs.

Miscellaneous applications, if any pending, shall stand

closed.

_______________ K. SUJANA, J Date: 17.06.2025 SAI

SKS,J

THE HONOURABLE SMT JUSTICE K. SUJANA

Date: 17.06.2025

SAI