Citation : 2021 Latest Caselaw 3760 AP
Judgement Date : 24 September, 2021
1
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: M.A.C.M.A.No.1193 of 2019
PROCEEDING SHEET
Sl.
ORDER
No DATE
2. 24.09.2021 DEV, J
M.A.C.M.A.No.1193 of 2019
Admit.
Notice.
___________ DEV, J I.A.No.1 of 2019
Though no notice was ordered by this Court, learned counsel for the appellant took personal notice to the respondents and file proof of service vide U.S.R.No.18983 of 2021.
Sri T.C.Krishnan, learned counsel filed appearance for the respondent No.1. Inspite of service of notice, there was no appearance for the respondent Nos.2 and 3.
Upon perusal of the averments made in the affidavit filed along with this application, it appears that there is delay of 1127 days in filing the appeal.
In our view, the delay is abnormal. However, considering the reason stated in the affidavit, the delay of 1127 days is condoned subject to payment of costs of Rs.5,000/- to the Andhra Pradesh High Court Advocate Clerks Association within a period of two(2) weeks from today and memo shall be filed before the Registrar(Judicial) along with the receipt of payment of the costs within one (1) week thereafter.
Accordingly, I.A.No.1 of 2019 is ordered.
___________ DEV, J
I.A.No.2 of 2019 Heard the learned counsel for the petitioner/appellant and perused the material available on record.
There shall be interim stay of operation of the decree and judgment dated 13.07.2016 in M.V.O.P.No.228 of 2012 on the file of the Motor Vehicle Accident Claims Tribunal - cum - VIII Additional District Judge, Chittoor, Chittoor District on condition of depositing 50% of the decretal amount along with proportionate interest and costs within a period of four (4) weeks from today.
On such deposit, the 1st respondent/claimant is entitled to withdraw the said amount without furnishing any security.
___________ DEV, J
Note:-
Furnish C.C. by tomorrow.
B/O KLPD
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