Citation : 2021 Latest Caselaw 1417 AP
Judgement Date : 5 March, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI A FRIDAY, THE FIFTH DAY OF MARCH, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE K. SURESH REDDY IA No. 1 OF 2021 IN MACMA NO: 159 OF 2021 Between: M/s. National Insurance Company Limited, Tirupati Branch, represented by its Divisional Manager, holding office at 1st floor of Sai Residency, Door No. 241, F.N. Mada Street, Tirupati, Chittoor District. ...Petitioner/Appellant AND 1. S. Lakshmi Devi, W/o. Sankar Reddy, Hindu, Housewife, aged about 41 years, Dependant, residing at Door No. 2-83/A, Bairagipatteda, Tirupati, Chittoor District, Andhra Pradesh. 2. L. Adilakshmamma, W/o. L. Venkata Subba Reddy, Hindu, aged about 41 years, Residing at D.No. 19-4-5/5, STV Nagar, Tirupati, Chittoor District. 3. M. Muraga, S/o. Late Muthu, Hindu, aged about 25 years, Residing at Sai Nagar, Bairagipatteda, Tirupati, Chittoor District. (Respondent No. 3 is not a necessary party) ...Respondents/Respondents Counsel for the Petitioner : A. JAYANTHI Counsel for the Respondent : SUDARSANA RAO G Petition under Order XLI Rule 5 (1) of 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 dated 14.10.2019 passed in MVOP No. 172 of 2015 on the file of the Chairman, Motor Accidents Claims Tribunal-Cum- Ill Additional District Judge, Tirupati including execution proceedings, pending disposal of MACMA No. 159 of 2021, 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 Smt. A. Jayanthi, Advocate for the Petitioner/Appellant and of Sri Sudarsana Rao.G, Advocate for the Respondents, 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). 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 stay of all further proceedings pursuant to the judgment and decree, dated. 14-10-2019 passed in M.V.O.P.No.172 of 2015 by the Chairman, Motor _ Accidents Claims Tribunal-cum-III Additional District Judge, Tirupathi, 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 1" respondent/claimant is permitted to withdraw the said amount without furnishing any security."
SD/- M.SURYANADHA REDDY ASSISTANT REGISTRAR
For sssrsrant ison To,
1. The Chairman, Motor Accidents Claims Tribunal-Cum- II] Additional District Judge, Tirupati, A.P.
Smt. S. Lakshmi Devi, W/o. Sankar Reddy, residing at Door No. 2-83/A, Bairagipatteda, Tirupati, Chittoor District, Andhra Pradesh.( By RPAD)
Smt. L. Adilakshmamma, W/o. L. Venkata Subba Reddy, Residing at D.No. 19-4-5/5, STV Nagar, Tirupati, Chittoor District.( By RPAD)
Sri M. Muraga, S/o. Late Muthu, Residing at Sai Nagar, Bairagipatteda, Tirupati, Chittoor District. (Respondent No. 3 is not a necessary party)( By RPAD)
One CC to SRI. A JAYANTHI Advocate [OPUC]
One CC to SRI. SUDARSANA RAO G Advocate [OPUC]
One spare copy
/'TRUE COPY//
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DATED:05/03/2021
ORDER
IA NO. 1 OF 2021 IN MACMA.NO.159 OF 2021
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