LAKUMARAPU RAVI KUMAR Vs. GOPAGANI MADHAVILATHA

JUDGEMENT

(1.) Aggrieved by the judgment and decree dtd. 7/11/2022 in O.S.No.21 of 2017 (hereinafter will be referred as 'impugned judgment') passed by the learned Principal District Judge, Suryapet (hereinafter will be referred as 'trial Court'), the defendants preferred the present appeal to set aside the impugned judgment.

(2.) For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the trial Court.

(3.) The brief facts of the case as can be seen from the plaint are that the respondent/plaintiff filed suit for recovery of Rs.28,64,666.00 based on three promissory notes, dtd. 22/10/2016 and 29/10/2016 for Rs.25,00,000.00 alleging that the defendant Nos.1 and 2 being wife and husband took advance of Rs.25,00,000.00 from the plaintiff on 22/10/2016 and 29/10/2016 agreeing to repay the same with interest @ 24% per annum. The defendant No.2 stood as surety. The defendants failed to repay the above said amount and also dodged the matter by giving evasive replies, however, defendant No.1 issued cheque bearing No.733805 for Rs.15,00,000.00. When the said cheque was presented by the plaintiff in the bank, the said cheque was returned under the caption "stop payment instructions". The plaintiff got issued legal notice to the defendants. Later the plaintiff came to know that the defendants are trying to alienate the properties standing in their name, hence, the plaintiff requested the defendants to discharge the loan amount on 4/6/2017 but the defendants refused the said request. Hence, the plaintiff filed the suit for recovery of money against defendants.