BHIMAPPA Vs. ARJUN

JUDGEMENT

(1.) THIS is defendant's Revision Petition calling in question judgment and decree passed by Prl. Senior Civil Judge, Bagalkot, dated 06.09.2010 in S.C. No. 9/2009 whereunder suit filed by respondent -plaintiff for recovery of a sum of Rs. 16,000/ - along with interest @ 18% p.a. by way of damages from the date of execution of loan document till realisation with costs has been decreed for Rs. 16,000/ - along with interest at 12% p.a. from the date of execution of hand loan document till its realisation.

(2.) I have heard the arguments of Sri Subhash Sankad, learned counsel appearing on behalf of Sri Shivaraj P. Mudhol, for petitioner/defendant and Sri Srikanth Sattigeri, learned counsel appearing on behalf of Sri Anand R. Kolli, for respondent. Parties are referred as per their rank in the trial Court. Plaintiff filed a suit for recovery of Rs. 16,000/ - from the defendant with interest and costs, contending inter alia that defendant had borrowed the said amount for family necessities and on the date of amount being borrowed, defendant had executed a hand loan document in the presence of witnesses and on account of non -payment of said amount, legal notice came to be issued which was duly served and despite same, defendant neither repaid the loan nor replied the notice, hence, suit in question came to be filed. Defendant on service of suit summons, appeared and filed his written statement denying the averments made in plaint including execution of hand loan document and receipt of money. Plaintiff got himself examined as PW -1 and got marked three documents Ex. P.1 to Ex. P.3. Defendant got himself examined as DW -1 and no documentary evidence was tendered on his behalf. Trial court formulated the following points for its consideration:

(3.) WHETHER the plaintiff is entitled to the suit claim?