Andhra Pradesh State Road ... vs Shayed Beejohn,
2021 Latest Caselaw 1481 AP

Citation : 2021 Latest Caselaw 1481 AP
Judgement Date : 9 March, 2021

Andhra Pradesh High Court - Amravati

Andhra Pradesh State Road ... vs Shayed Beejohn, on 9 March, 2021

Bench: K Suresh Reddy

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE NINTH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE K SURESH REDDY

IA No. 2 OF 2021
IN
_MACMA NO: 197 OF 2021
Between:

 

Andhra Pradesh State Road Transport Corporation, Represented by
its Vice Chairman cum Managing Director, Musheerabad, Hyderabad,
Presently at Pundit Nehru Bus Station, Vijayawada, Amaravathi, A.P.

...Petitioner/Appellant.
AND

1. Shayed Beejohn, W/o. Late Shamsheer, Muslim, Aged about 45
years, Resident of Ramnagar, 4" lane, Opp. RIMS, Ongole Town and
Mandal, Prakasam District.

2. Shayed Nagoor Vali, S/o. Late Shamsheer, Muslim, Aged about 28
years, Resident of Ramnagar, 4" lane, Opp. RIMS, Ongole Town and
Mandal, Prakasam District.

3. Shayed Zareena, D/o. Late Shamsheer, Muslim, Aged about 25
years, Resident of Ramnagar, 4" lane, Opp. RIMS, Ongole Town and
Mandal, Prakasam District.

4, Shayed Fayaz, S/o. Late Shamsheer, Muslim, Aged about 23 years,
Resident of Ramnagar, 4" lane, Opp. RIMS, Ongole Town and
Mandal, Prakasam District.

5. Anaganani Ram Babu, S/o. Veera Vasantha Rao, APSRTC Driver
E.No. 358235, Valluri Palem Post, Thota Vallur Mandal, Krishna
District. (R 5 is not necessary).

...Respondent/Respondent

Counsel for the Petitioner :P DURGA PRASAD SC FOR APSRTC
Counsel for the Respondents: --

Petition under Section 151 of CPC Limitation Act 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 Order and Decree dated 06-08-2019 passed in M.V.O.P No. 343 of
2017 on the file of the Court of the Motor Accidents Claims Tribunal-cum-
Principal District Judge, Prakasam at Ongole including of execution
proceedings, pending disposal of the above M.A.C.M.A. No.197 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 stay of all further proceedings pursuant to the judgment and decree, dated. 06-08-2019 passed in M.V.0O.P.No.343 of 2017 by the Chairman, Motor Accidents Claims Tribunal-cum-Principal District. Judge, Ongole, subject to the petitioner/appellant depositing 50% of the awarded amount with proportionate costs and interest within eight(8) weeks from today. In default of deposit, this order stands cancelled automatically without further reference to this Court. On such deposit being made, the respondents/claimants are permitted to withdraw the amount, as per the arrangement made by the Tribunal below, without furnishing any security."

Sd/-T. Madhavi

; ASSISTANT REGIST aR Ow :

ITTRUE COPY// SECTION OFFICER For /

To,

1. The Motor Accidents Claims Tribunal-cum- Principal District Juage, Prakasam at Ongole.

2. Shayed Beejohn, W/o. Late Shamsheer, Resident of Ramnagar, 4°"

lane, Opp. RIMS, Ongole Town and Mandal, Prakasam District.

3. Shayed Nagoor Vali, S/o. Late Shamsheer, Resident of Ramnagar,

4" lane, Opp. RIMS, Ongole Town and Mandal, Prakasam District.

4. Shayed Zareena, D/o. Late Shamsheer, Resident of Ramnagar, 4h

lane, Opp. RIMS, Ongole Town and Mandal, Prakasam District.

5. Shayed Fayaz, S/o. Late Shamsheer, Resident of Ramnagar, 4°" lane, Opp. RIMS, Ongole Town and Mandal, Prakasam District.(RR 2 to 5 By RPAD)