IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.2495 of 2010 Between: G.Ramanna ..... PETITIONER AND S.Hussain Sharif .....RESPONDENT The Court made the following: THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.2495 of 2010 ORDER: The petitioner is the defendant in the suit O.S.296/2008 on the file of the Junior Civil Judge, Madanapalle filed by the respondent/plaintiff. The said suit was filed for recovery of money based on simple mortgage claiming interest at 24% p.a. and the total suit amount is calculated at Rs.65,250/-. A written statement was filed by the defendant disputing that he has not borrowed an amount of Rs.25,000/- as pleaded by the plaintiff and he borrowed an amount of Rs.15,000/- only by executing a simple mortgage deed and the contracted rate of interest is only at 12% p.a. but not 24% p.a. as claimed by the plaintiff. While so, the petitioner/defendant filed I.A.577/2009 under Or.8 Rule-9 CPC seeking to receive additional written statement contending that the plaintiff is not entitled to claim interest more than 12% p.a. on the principal amount. A counter has been filed stating that the plaintiff is entitled to claim interest more than 12% p.a. as per the contractual rate of interest under the simple mortgage deed. Having considered the contentions of both sides, the Court below dismissed the said I.A. holding that the said issue can be appreciated during course of the trial. I am of the opinion that in the instant case no additional written statement is required as the controversy with regard to the rate of interest is the subject matter to be considered by the trial Court. Therefore, I do not see any infirmity legal or otherwise to interfere with the impugned order. The CRP is accordingly dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 25.06.2010 Dsr