THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Second Appeal No. 422 of 2009 JUDGMENT: The respondent filed O.S.No.129 of 2003 in the Court of Senior Civil Judge, Karimnagar against the petitioner for recovery of amount on the strength of a promissory note, dated 04.03.2001. It was pleaded that the appellant borrowed a sum of Rs.80,000/- on 04.03.2001 and executed a promissory note in which P.Ws.2 and 3 figured as witnesses. The appellant opposed the suit, by denying the very execution of the promissory note and of receiving any amount. The trial Court decreed the suit, through judgment, dated 22.08.2005. A.S.No.72 of 2005 filed by the appellant before the District Court, Karimnagar was dismissed on 03.04.2007. Hence, this second appeal. Heard the learned counsel for the appellant and the learned counsel for the respondent. The claim of the respondent was based upon a promissory note. The appellant denied the execution of the promissory note. The trial Court framed only one issue for its consideration viz., whether the suit promisory note is true and the plaintiff is entitled for the amount covered by it. The respondent deposed as P.W.1. The relation of the appellant and who signed Ex.A.1 as a witness was examined as P.W.2. P.W.3, who too is a witness to Ex.A.1, is the brother of the respondent. On behalf of the respondent, Exs.A.1 to A.6 were filed. The appellant deposed as D.W.1 and another witness was examined as D.W.2. On his behalf, Exs.B.1 and B.2 were filed. The suit was decreed and in the appeal, the lower appellate Court framed only one point, which is similar to the issue framed by the trial Court, and dismissed the appeal. The plea of the appellant ranged from the denial of execution of Ex.A.1 to denial of the very relationship between himself and the respondent. It may be true that P.W.3 was none other than the brother of the respondent and his evidence was not reliable. The fact however remains that P.W.2, who is a common relation to the appellant and the respondent, stated that he figured as a witness to Ex.A.1 and that in his presence, the amount was given to the appellant. In addition to that, the respondent filed the certified copy of the written statement filed by the appellant herein in O.S.No.316 of 2003 on the file of the learned Principal Junior Civil Judge, Karimnagar for comparison of signatures thereon with the one on Ex.A.1. The trail Court found them to be similar to each other. The plea of the appellant that he was not related to the respondent was belied from his own admission. The respondent is none other than the brother-in-law of the father-in-law of the appellant. This Court does not find any substantial question of law in this second appeal. The second appeal is accordingly dismissed. There shall be no order as to costs. __________ 08.11.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Second Appeal No. 422 of 2009 Date: 08.11.2011 JSU