Citation : 2021 Latest Caselaw 2153 AP
Judgement Date : 25 June, 2021
[ 3239 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SRI JUSTICE BATTU DEVANAND. IA No. 2 OF 2020 IN MACMA NO: 1116 OF 2019 Between: Boya Omprakash, S/o. Boya Gallanna, Aged 19 years, R/o. D.No.4-86, Nidzur Village, Kurnool District ...Petitioner/Respondent No. 1 (Petitioner in MACMA 1116 OF 2019 on the file of High Court) AND 1. The Regional Manager, Shriram General Insurance Company Ltd., Respondent/Appellant 2. M.Hussain, S/o. M.Yesanna, Major, Hindu, Resident of D.No.87-888-1, Kamala Nagar, Kurnool. 3. K.Paramesh, S/o. not known, Major, owner of auto No.A-22 TA 3954, Mennipadu Village, Manopadu Mandal, Mahaboobnagar District. 4. Sharagonda Ravi @ K.B. Ravi, S/o. Yesanna, Aged 20 years, R/o. Mennipadu village, Manopadu Mandal, Mahaboob Nagar District, Telangana State (Respondents 2 to 4 are proforma parties, hence not necessary parties) _ Respondents/Respondents (Respondents in-do-) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to withdraw the 50 % compensation amount which was deposited by the 1° respondent in the court below, pending disposal of MACMA No.1116 of 2019, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI GUDI SRINIVASU Advocate for the Appellant, the Court made the following ORDER:
"Learned counsel for the petitioner in this application submits that this Court declared the petitioner as major by order dated 5.1.2021 in LA.No.3 of 2020 and accordingly, the petitioner is entitled to withdraw the amount deposited by the appellant/Insurance Company in the Court below in compliance of the stay order and sought permission of this Court to withdraw the same.
Having heard the submissions of the learned counsel for the petitioner and upon perusing the averments made in the affidavit filed along with this application, the petitioner is permitted to withdraw his share as per the decree and judgment out of the amount deposited by the appellant/insurance Company in the Court below in compliance of the stay order without furnishing any security."
SO/- SHAIK MOND. Ra;
D. RAF] ASSISTANT REGISTRAR F ' "
HTRUE COPY/ SECTIO ie ce er
For é To, coe
1. The Motor Accidents Claims Tribunal-cum-VI Additional District Judge, Kurnool
2. The Regional Manager, Shriram General Insurance Company Ltd.,
3. M.Hussain, S/o. M.Yesanna, Major, Hindu, Resident of D.No.87-888-1, Kamala Nagar, Kurnool. (Addresses 2 and 3 by RPAD)
4. One CC to SRI. GUDI SRINIVASU Advocate [OPUC] 5, One spare copy
HIGH COURT
DEVJ
~ DATED:25/06/2021
ORDER
IA.NO.2 OF 2020
IN MACMA.No.1116 of 2018
DIRECTION
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on EO Qesear ese"
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