Andhra Pradesh High Court - Amravati
United India Insurance Company Limited vs Avula Balaiahgari Jayaprada on 25 June, 2021
Author: Battu Devanand
Bench: Battu Devanand
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FIFTH DAY OF JUNE, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE BATTU DEVANAND IA No. 1 OF 2027 IN MACMA NO: 337 OF 2024 Between: United India Insurance Company Limited, Rep. by its Divisional Manager, Divisional Office, near Officers Club, Kadapa. _..Petitioner/Appellant (Appellant in MACMA 337 OF 2021 on the file of High Court) AND 1. Avula Balaiahgari Jayaprada, W/o. A.B. Siva Prasad Reddy, 2. Avula Balaiahgari Vamsi Krishna Reddy, S/o. A.B.Siva Prasad Reddy, 3. Avula Balaiahgari Krishna Chaitanya, S/o. A.B. Siva Prasad Reddy, All are R/o Gundluru Village, Rajempeta Mandal, Kadapa District, Now residing at D.No.3/146-2, Christian Lane, Kadapa City and District. ... Respondents/Claimants 4. Shaik Khajapeer, . S/o. Abdul Sattar, owner of The Lorry bearing No.AP 04-V- 4562 at D.No.8/225, Bodeddulapalli Villdge, C.K. Dinne Mandal, Kadapa District. S. M. Ramakrishnaiah, S/o . Pullaiah, Driver Of the lorry bearing No. AP 04-V-4562, Resident of Devuni Kadapa Village, Kadapa City and District. . .Respondents/Respondents (Respondents in-do-) Counsel for the Petitioner :Sri Ch Yagna Narayana Counsel for the Respondents : ------ Petition under Order XLI- Rule-5 & Under Section 151 CPC praying that in the circumstances stated in the affidavit filed herein. the High Court may be pleased to grant stay of all further proceedings pursuant to the decree and judgment dated 27" day of January, 2021 passed in M.V.O.P.No.243 of 2016 on the file of the Motor Accidents Claims Tribunal-cum-lV Additional District Judge, Kadapa including execution proceedings, pending dispasal of MACMA No. 337 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). ORDER:
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 27.1.2021 in M.V.O.P.No.243 of 2016 on the file of the Motor Accidents Claims Tribunal - cum - IV Additional District Judge, Kadapa on condition of depositing 50% of the decretal amount along with proportionate interest and costs within a period of eight (8) weeks from today.
Sd/- B. Narsing Rao ASSISTANT REGISTRAR TRUE COPYII AAC For ASSISTANT REGISTRAR Ta, co ™ Skm A#TRUE CC AR _ The Chairman, Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Kadapa, YSR Kadapa District ; Avula Balaiahgari Jayaprada, W/o. A.B. Siva Prasad Reddy, R/o Gundluru Vilage, Rajempeta Mandal, Kadapa District, Now residing at D.No.3/146-2, Christian Lane, Kadapa City and District. Avula Balaiahgari Vamsi Krishna Reddy, S/o. A.B.Siva Prasad Reddy, Rio Gundiuru Village, Rajempeta Mandal, Kadapa District, Now residing at D.No.3/146-2, Christian Lane, Kadapa City and District. Avula Balaiahgari Krishna Chaitanya, S/o. A.B. Siva Prasad Reddy, Rio Gundluru Village, Rajempeta Mandal, Kadapa District, Now residing at D.No.3/146-2, Christian Lane, Kadapa City and. District. Shaik Khajapeer, , S/o. Abdul Sattar, owner of The Lorry bearing No.AP 04-V- 4562 at D.No.8/225, Bodeddulapalli villdge, C.K. Dinne Mandal, Kadapa District. M. Ramakrishnaiah, S/o . Pullaiah, Driver Of the lorry bearing No. AP 04-V-4562, Resident of Devuni Kadapa Village, Kadapa City and District. (Addressee Nos 2 to 6 by RPAD) One CC to Sri. Ch. Yagna Narayana, Advocate [OPUC] One spare copy hone MACMA.N0.337 of 2021 DATED:25/406/2021 TA, No. t of 2021 IN INTERIM STAY HIGH COURT DEV,J ORDER