SA/532/2009 of Shaik Khadar Vali Vs Shaik Maqbul

1 APHC010606742009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3369] (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY-FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO SECOND APPEAL NO: 532/2009 Between: Shaik Khadar Vali ...APPELLANT AND Shaik Maqbul and Others ...RESPONDENT(S) Counsel for the Appellant: 1. T LAKSHMI NARAYANA Counsel for the Respondent(S): 1. G L NAGESWAR RAO The Court made the following JUDGMENT: 1. This Second Appeal, under section 100 of Code of Civil Procedure, 1908 (for short, 'C.P.C'), has been filed by the Appellant/Respondent/Plaintiff against the Decree and Judgment dated 07.04.2009, in A.S.No.302 of 2008 on the file of IV Additional District Judge, Guntur (for short, ‘the 1st Appellate Court’) reversing the decree and Judgment dated 22.09.2008, in O.S.No.735 of 2005 on the file of II Additional Senior Civil Judge, Guntur (for short, ‘the trial Court’). 2. The Appellant/Respondent is the Plaintiff, who filed the suit in O.S.No.735 of 2005 seeking recovery of Rs.3,98,800/- being the principal and interest from the Defendant based on the promissory note. 2 3. Referring to the parties as they are init