IN THE HIGH COURT OF ANDHRA PRADESH AT AMARY

WEDNESDAY, THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE K SURESH REDD

IA No.2 OF 2022 IN IA No. 1 OF 2022 IN MACMA NO: 46 OF 2022

Between:

• 1. Nalikiri Gangulamma, W/o late N.Ramachandraiah, aged about 50 years, Hindu, Occ- Housewife, R/o Kondareddi Palli Village, Madithadu post, T.Sundupalli Mandal, Kadapa District.
• 2. Nalikiri Siva, S/o late N.Ramachandraiah, aged about 24 years, Student, R/o Kondareddi Palli Village, Madithadu post, T.Sundupalli Mandal, Kadapa District.
• 3. Nalikiri Geetha, D/o late N.Ramachandraiah, aged about 30 years, Physically Handicapped person, R/o Kondareddi Palli Village, Madithadu post, T.Sundupalli Mandal, Kadapa District

... Petitioners/Respondent Nos.1 to 3

AND

1. The APSRTC, Rep.by its Managing Director, Bus Bhavan, Vijayawada, Krishna District.

...Respondent/Appellant

2. Gouru Sudhakar Reddy, S/o Subba Reddy, Aged about 50 years, APSRTC Driver, E.No.411285, R/o D.No.2/84, Y.S.Nagar, Poddatur Town and Mandal, Kadapa District.

...Respondent/Respondent No.2

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 permit the petitioners to withdraw the amount deposited by the Appellant as per order dated 16.02.2022 in I.A. No.1 of 2022 in MACMA.No.46 of 2022 to the credit of M.V.O.P.No.271 of 2018 on the file of the court of the Motor Accidents Claims Tribunal-CUM-I Additional District Judge, Kadapa, pending disposal of MACMA No. 46 of 2022, on the file of the High Court.

IA No. 1 OF 2022

Between:

The APSRTC, Rep.by its Managing Director, Bus Bhavan, Vijayawada, Krishna District.

...Appellant/Respondents No.2

AND

• 1. Nalikiri Gangulamma, W/o late N.Ramachandraiah, aged about 50 years, Hindu, Occ- Housewife.
• 2. Nalikiri Siva, S/o late N.Ramachandraiah, aged about 24 years, Student.
• 3. Nalikiri Geetha, D/o late N.Ramachandraiah, aged about 30 years, Physically Handicapped person.

(Respondents are R/o Kondareddi Palli Village, Madithadu post, T.Sundupalli Mandal, Kadapa District)

...Respondents/Petitioners 1 to 3

4. Gouru Sudhakar Reddy, S/o Subba Reddy, Aged about 50 years, APSRTC Driver, E.No.411285, R/o D.No.2/84, Y.S.Nagar, Poddatur Town and Mandal, Kadapa District.

...Respondent/Respondent No.1

(4^th Respondent herein is driver of APSRTC not necessary party)

Petition under Order 41 Rule 5, Order 43 Rule I & II r/w Section of 151 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 execution of decree in pursuant to MVOP No. 271 of 2018 dated. 05.10.2021 on the file of the Chairman Motor Accidents Claims Tribunal-cum-I Additional District Judge, Kadapa, pending disposal of MACMA No. 46 of 2022, 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 the earlier Order of the High Court dated 16.02.2022 made herein and upon hearing the arguments of Sri Shaik Mohammed Ismail, Advocate for the Petitioners (Respondents in IA No.1 of 2022) and Sri N. Srihari, Standing Counsel for the Respondent No.1 (Petitioner in IA No.1 of 2022), the Court made the following; ORDER:

"Pursuant to the order passed by this court on 16-02-2022 in I.A.No.1 of 2022, the appellant/APSRTC has deposited the amount as directed by this court. In that view of the matter, the petitioners 1 to 3 in this application/respondent Nos.1 to 3 in the Appeal are permitted to withdraw their respective shares in terms of the Award passed by the Tribunal without furnishing any security.

Accordingly, this application is disposed of."

$\mathcal{C}^{\mathcal{C}}$ . $\mathcal{C}^{\mathcal{D}}$ IITRUE COPYII

For

SDI-K.TATA RAO DEPUTY REGISTRAR

SECTION OFFICER

To,

1. The Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Kadapa, Kadapa District.

$\tilde{\Omega}$ , $\tilde{\Omega}$

• 2. One CC to Sri. N Srihari, Standing Counsel for APSRTC [OPUC]
• 3. One CC to Sri. Shaik Mohammed Ismail, Advocate [OPUC]
• 4. One spare copy.

MSB

HIGH COURT

로

KSR,J

DATED:20.04.2022

ORDER

IA NO.2 OF 2022 ${\sf IN}$ IA NO.1 OF 2022 IN MACMA.No.46 of 2022

DIRECTION