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The Diavisional Manager vs Lanka Tulasi
2021 Latest Caselaw 1279 AP

Citation : 2021 Latest Caselaw 1279 AP
Judgement Date : 2 March, 2021

Andhra Pradesh High Court - Amravati
The Diavisional Manager vs Lanka Tulasi on 2 March, 2021
Bench: K Suresh Reddy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE SECOND DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE K SURESH REDDY

 

IA No. 1 OF 2021
IN
MACMA NO: 148 OF 2021
Between:

The Divisional Manager, The Oriental Insurance Company Limited, Vijayawada.

...Petitioner/Appellant
AND

1. Lanka Tulasi, W/o. Late Satyanarayana, Hindu, Female, 34 years, R/o.
Lakshmaneswaram Village, Narasapur Mandal, West Godavari District.

2. Lanka Uday Kiran, S/o. Late Satyanarayana, Hindu, Male, 6 years, R/o.
Lakshmaneswaram Village, Narasapur Mandal, West Godavari District.

3. Lanka Kishore, S/o. Late Satyanarayana, Hindu, Male, 1 years, R/o.
Lakshmaneswaram Village, Narasapuram Mandal, West Godavari District.

4. Lanka Adi Lakshmi, W/o. Ramuiu, Hindu, Female, 59 years, R/o.
Lakshmaneswaram Village, Narasapuram Mandal, West Godavari District.

5. Lanka Ramulu, S/o. Late Papayya, Hindu, Male, 71 years, R/o.
Lakshmaneswaram Village, Narasapur Mandal, West Godavari District.

(Petitioners 2 and 3 being Minors represented by their mother i.e., petitioner
No, 1).

6. Shukayyagaru Vamsi Krishna, S/o. Late Surendra Reddy, Hindu, Male, 25 years,
Driver of Mini Tourist Bus Bearing No.AP 03 Y 9550, D.No.1-114, Vengampalle
Village, Cherlopalle, Chittoor District. .

7. Gurramkonda Kumari, W/o. Munirathnam, Hindu, Female, age not known, H/o.
Satharbavi, Pantrampalli, Thavanampalli, Chittoor District. Owner of Mini Tourist
Bus bearing No. AP 03 Y 9550

...Respondents/Respondents

Counsel for the Petitioner : GUDI SRINIVASU
Counsel for the Respondent : neo-

Petition under Order XLI-Rule-5 & 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 grant stay of all further proceedings pursuant to the decree and judgment
dated 28'" day of May, 2020 passed in M.V.O.P.No.22 of 2015 on the file of Motor
Vehicle Accidents Claims Tribunal_-- cum- X Additional District Judge, Narasapur,
including execution proceedings, pending disposal of MACMA No. 148 of 2021, on the
file of the High Court.

The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following
ORDER:

"For the reasons stated in the affidavit filed in support of this application and taking into consideration of the submissions made

by the learned counsel for the petitioner/appellant, there shall be

f

"stay of all further proceedings pursuant to the judgment and decree, dated. 28-03-2020 passed in M.V.O.P.No.22 of 2015 by the Chairman, Motor Accidents Claims Tribunal-cum-X Additional District Judge, Narasapur, West Godavari District, subject to the petitioner/appellant depositing 50% of the awarded amount with proportionate costs and interest within eight(8) weeks from today. On such deposit being made, the respondents/claimants are entitled to withdraw their share as per the arrangement made by the Court

below without furnishing any security." ee

Sdl-T. Madhavi ASSISTA} "REGISTRAR | NTRUECOPYI [ O

SECTIO FFICER oe To, re

1. The Motor Vehicle Accidents Claims Tribunal,-- cum- X Additional District Judge, Narasapur.

2. Lanka Tulasi, W/o. Late Satyanarayana, R/o. Lakshmaneswaram Village, Narasapur Mandal, West Godavari District.(For Herself and her son Lanka Uday Kiran, S/o. Late Satyanarayana who is 27 Respondent and Lanka Kishore, S/o. Late Satyanarayana, who is 3% respondent who are being Minors)

3. Lanka Adi Lakshmi, W/o. Ramulu, R/o. Lakshmaneswaram Village, Narasapuram Mandal, West Godavari District,

4. Lanka Ramulu, S/o. Late Papayya, R/o. Lakshmaneswaram Village, Narasapur Mandal, West Godavari District.

5. Shukayyagaru Vamsi Krishna, S/o. Late Surendra Reddy, Driver of Mini Tourist Bus Bearing No.AP 03 Y 9550, D.No.1-114, Vengampalle Village, Cherlopalle, Chittoor District.

6. Gurramkonda Kumari, W/o. Munirathnam, H/o. Satharbavi, Pantrampalli, Thavanampalli, Chittoor District. Owner of Mini Tourist Bus bearing No. AP 03 Y 9550(RR 2 to6 By RPAD)

7. One CC to Sri. Gudi Srinivasu Advocate [OPUC]

8. One spare copy

PR

HIGH COURT

KSRJ

DATED:02/03/2021

STAY

ORDER

1A No. 1 OF 2021 IN MACMA NO: 148 OF 2021

STAY

 
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