SRIRAMA WAREHOUSES Vs. EDULAKANTI NARASIMHA REDDY

JUDGEMENT

(1.) A firm, by name, Srirama Warehouses, with Sri C. Manohar Reddy, P. Chengal Reddy and S. Narasimha Reddy, as partners, was constituted. It had transactions with one Sri E. Narasimha Reddy. Two loans are said to have been advanced to E. Narasimha Reddy for construction of go-down and purchase of tractor.

(2.) The firm, represented by its partner Sri S. Narasimha Reddy, filed O.S. No. 778 of 1992 in the Court of IV Additional Judge, City Civil Court, Hyderabad, against E. Narasimha Reddy, for recovery of Rs. 1,21,368/-. The suit was transferred to the Court of XI Additional Chief Judge, (Fast Track Court), City Civil Court, Hyderabad, and it was renumbered as O.S. No. 295 of 2006. The sole Defendant died and his legal representatives - Respondents 2 to 4 herein were brought on record. During the pendency of that suit, the firm was dissolved and it is stated that the amount due from E. Narasimha Reddy under two transactions was assigned to the share of Sri C. Manohar Reddy (PW.1), one of the partners. He has independently filed O.S. No. 101 of 2004 in the same Court against the legal representatives of E. Narasimha Reddy, for recovery of the amount said to have been advanced for construction of go-down. He has also prosecuted O.S. No. 295 of 2006.

(3.) Respondents 2 to 4 herein contested the suits. Through its common judgment, dated 30.06.2009, the trial Court dismissed O.S. No. 295 of 2006 and partly decreed O.S. No. 101 of 2004. This appeal is filed against the judgment and decree in O.S. No. 295 of 2006.