THE HONOURABLE SRI JUSTICE GODA RAGHURAM Second Appeal NO.352 OF 2010 29-07-2010 Between: M.Srinivsulu ..Appellant Vs. P.Srinivasa Prasad …Respondent. THE HONOURABLE SRI JUSTICE GODA RAGHURAM Second Appeal NO.352 OF 2010 ORAL JUDGMENT This Second Appeal is directed against the judgment and decree dated 17-11-2009 of the Senior Civil Judge, Kandukur in A.S.No.17 of 2008 reversing the judgment and decree dated 13-11- 2006 of the learned Junior Civil Judge, Kanigiri in O.S.No.1 of 2002. The defendant in the suit is the appellant herein. The respondent filed the suit for recovery of Rs.99,950/- on the basis of a Ex.A-1 pronote. The trial court dismissed the suit without costs by holding that there was material alteration in the suit pronote as regards the date of suit pronote which, the trial court found to be altered from 01-12-1998 to 31-12-1998; as also the interest portion. The suit pronote was earlier sent to the Handwriting Expert in view of the defendant’s plea of material alterations therein. The Expert furnished a report that no opinion could be given about the age of the letters i.e., pertaining to the date of promissory note and the alleged alterations in the interest date in Ex.A-1. However, the trial court examined the suit pronote and concluded that there were indeed material alterations. On the defendant’s appeal, the lower appellate court on reapprecition of the evidence on record and on a perusal of the suit pronote recorded clear and cogent reasons concluding that there were no material alterations either as regards the date of the suit pronote or the interest specified therein. Accordingly, the lower appellate court allowed the appeal by reversing the judgment and decree of the trial court and decreed the suit. This second Appeal is filed seeking in essence re- appreciation of the evidence and challenging the reversal of the trial court’s judgment and decree by the lower appellate court, resulting in decree of the suit. The appreciation of the evidence on record and the analysis and conclusions recorded in the lower appellate court’s judgment are not perverse warranting interference in the Second Appeal. The Second Appeal is without merits. Accordingly the Second Appeal is dismissed at the stage of admission. No order as to costs. ________________ GODA RAGHURAM,J 29th JULY 2010 TSNR