IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

FRIDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE BATTU DEVANAND

IA No. 3 OF 2021 IN IA No.2 OF 2021 IN MACMA NO: 60 OF 2021

Between:

• 1. Sandadi Rajeswari, W/o. late Varaprasad Reddy, Aged about 32 years, Housewife,
• 2. Sandadi Akhileswar Reddy, S/o. late Varaprasad Reddy, Aged about 13 years, Minor.
• 3. Sandadi Harshitha, D/o. late Varaprasad Reddy, Aged about 10 years, Minor, (Petitioners Nos.2 & 3 are minors Represented by their mother natural guardian) All are R/o. D. No. 1/57, Valasapalli village, Yerraguntla Mandal, Kadape District.

... Petitioners/Respondents 1 to 3 in MACMA

AND

1. Royal Sundaram Alliance Insurance Co Ltd, Rep. by its Branch Manager, Office at 8/1023, above Durga Automotive, Almaspet, Kadapa City.

...Respondent/Appellant

• 2. Gajjala Sivamma, W/o. G. Gangi Reddy, aged about 30 years, Owner of the Tractor, R/o. Gollapalli Village, Kamalapuram Mandal, Kadapa, District.
• 3. Kothakottam Gangulaiah, S/o. Veeraiah, Driver of the Tractor, R/o. Shanthi Nagar, Yerraguntla town and Mandal, Kadapa, District.

...Respondents/Respondents Nos.4 & 5 in MACMA

(Respondents No.2 & 3 are not necessary party)

Petition 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 Vacate the Interim Stay order passed in I.A. No. 2 of 2021 in M.A.C.M.A. No. 60 of 2021, dated 02.02.2021, pending disposal of MACMA No. 60 of 2021, on the file of the High Court.

IA No. 2 OF 2021

Between:

Royal Sundaram Alliance Insurance Co Ltd, Rep. by its Branch Manager, Office at 8/1023, above Durga Automotive, Almaspet, Kadapa City.

...Petitioner/Appellant/Respondent No.3

AND

• 1. Sandadi Rajeswari, W/o. late Varaprasad Reddy,
• 2. Sandadi Akhileswar Reddy, S/o. late Varaprasad Reddy, Aged about 13 years (Minor)
• 3. Sandadi Harshitha, D/o. late Varaprasad Reddy, Aged about 10 years (Minor) (2 & 3 are minors represented by their mother natural guardian)

All are R/o. D. No. 1/57, Valasapalli village, Yerraguntla Mandal, Kadape District. .... Petitioners/Respondent Nos 1 to 3

4. Gajjala Sivamma, W/o. G. Gangi Reddy, Owner of the Tractor, R/o. Gollapalli Village, Kamalapuram Mandal, Kadapa, District.

.....Respondent/Owner of the tractor

5. Kothakottam Gangulaiah, S/o. Veeraiah, Driver of the Tractor, R/o. Shanthi Nagar, Yerraguntla town and Mandal, Kadapa, District.

....Respondent/Driver of the tractor

Petition under Order XXXXI Rule 5 of CPC praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to stay the operation of order dated 07.09.2019 passed in MVOP. No.252/2017 on the file of the Motor Accidents Claims Tribunal - cum - I Addl. District Judge, Kadapa, pending disposal of MACMA No. 60 of 2021, on the file of the High Court.

The vacate stay petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the earlier Order of the High Court dated 02.02.2021 made in IA No.2 of 2021 and upon hearing the arguments of Sri Arifullah, Advocate for the Petitioners in IA No.3 of 2021 and Respondents in IA No.2 of 2021 and Sri S.A.Khadar, Advocate for Petitioner in IA No.2 of 2021 and Respondent No.1 in IA No. 3 of 2021, the Court made the following;

ORDER:

"Heard.

This Vacate stay petition is dismissed.

Interim stay ordered on 02.02.2021 is made absolute.

Petitioner No.1 herein is permitted to withdraw the amount as per her proportionate share mentioned in the order and decree dated 07.09.2019 passed in M.V.O.P.252 of 2017 on the file of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Kadapa, out of the amount deposited by the appellant-Insurance company without furnishing any security."

Sd/- M. SURYANADHA REDDY ASSISTANT REGISTRAR

IITRUE COPYII

For ASSISTANT REGISTRAR

To,

• 1. The Chairman, Motor Vehicle Accidents Claims Tribunal cum I Addl. District Judge, Kadapa, Kadapa District.
• 2. One CC to Sri. Syed Abdul Khadar, Advocate [OPUC]
• 3. One CC to Sri. S Arifullah, Advocate [OPUC]
• 4. One spare copy.

MSB

DATED:22/10/2021

ORDER

DEV, J

IA No. 3 OF 2021 $IN$ IA No.2 OF 2021 $IN$ MACMA.No.60 of 2021

INTERIM STAY

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