THE HON'BLE MR JUSTICE V ESWARAIAH SECOND APPEAL NO. 1224 OF 2011 DT. 14.10.2011 Between: Gopi Seety Nancharaya … Petitioner And Ganipi Setty Jagan Mohan Rao … Respondents Counsel for the Petitioner: Sri N Srihari Counsel for respondent: The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH SECOND APPEAL NO. 1224 OF 2011 JUDGMENT : (Per Sri Justice V Eswaraiah) This second appeal is filed questioning the judgment and decree passed in A.S No. 130 of 2010 dated 14.06.2011 passed by the XI Additional District Judge (FTC) Guntur dismissing the appeal and confirming the judgment and decree passed in O.S. No. 190 of 2008 dated 16.11.2009 passed by the Additional Senior Judge Court, Tenali, Guntur district. The appellant herein is defendant. The respondent-plaintiff filed a suit in O.S.No. 192 of 2008 on the file of the Additional Senior Civil Judge, Tenali, for recovery of Rs.1,06,246/- with costs and subsequent interest based on a promissory note. The trial Court on consideration of the matter, by order dated 16.11.2009 decreed the suit for Rs.1,06,246/- with costs and subsequent interest on Rs.25,000/- at 6 % per annum from the date of suit till the date of realisation. Having aggrieved by the said decree, the appellant- defendant preferred an appeal in A.S. No. 130 of 2010 on the file of the XI Additional District Judge (FTC), Guntur. The lower appellate Court on re- appreciation of the matter, dismissed the appeal holding that the respondent- plaintiff could prove due execution of Ex.A.1 through his evidence coupled with the evidence of P.W.2 and Ex.A.1 to A.6. Questioning the said concurrent findings, the present Second Appeal is filed. Heard the learned counsel for appellant and perused the judgments of the Courts below. Both the Courts below considering the evidence available on record concurrently held that the plaintiff proved the execution of the suit promissory note and there is rebuttal evidence. In the circumstances, this Court is of considered opinion that there is no substantial question of law that arises for consideration by this Court. The Second Appeal fails and accordingly the same is hereby dismissed. No order as to the costs. _____________ V ESWARAIAH,J DATE: 14.10.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH SECOND APPEAL NO. 1224 OF 2011 DT. 14.10.2011