K. RAMESHWAR REDDY Vs. ANNAPURNA FINANCES

JUDGEMENT

(1.) This appeal suit is filed against the Judgment and decree dtd. 24/6/2013 in O.S.No.1325 of 2010, passed by the learned VII ' Additional Senior Civil Judge, L.B.Nagar, Ranga Reddy District.

(2.) The suit vide O.S.No.1325 of 2010, was filed by M/s.Annapurna Finance represented by its Proprietor E.Vivekananda for recovery of amount against the appellant/defendant basing on a promissory note dtd. 16/4/2008. The trial Court examined P.Ws.1 and 2 and marked Exs.A1 to A17 on behalf of the respondent/plaintiff and also examined D.Ws.1 and 2 on behalf of the appellant/defendant and marked Exs.B1 to B42. The trial Court after considering the arguments of both sides and evidence on record, decreed the suit for an amount of Rs.8,29,300.00 with interest @ 12% per annum from the date of the suit till the date of decree and thereafter at 6% per annum from the date of decree till realization. Aggrieved by the said Judgment and decree, defendant therein preferred the present appeal.

(3.) The learned Counsel for the appellant/defendant mainly contended that the trial Court has not considered Ex.B18. The evidence of P.Ws.1 and 2 is contrary with each other regarding the payment of consideration under Ex.A1. There are glaring inconsistencies in the evidence of P.Ws.1 and 2, as such respondent/plaintiff is not entitled for the relief sought for in the suit. Therefore, requested the Court to set aside the Judgment of the trial Court.