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2007 DAILYLAW 1290 (AP)

THE UNITED INDIA INSURANCE CO LTD v. M.KUMARA SWAMY & ANR

MACMA/3045/2007 · 2026-08-04

Venkata Jyothirmai Pratapa

body2007

Judgment text

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APHC010155112007 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3045 OF 2007 Between: 1. THE UNITED INDIA INSURANCE CO LTD, United India Insurance Co Ltd O/o.Gandhi Road Extention, Chittoor. 1. M KUMARA SWAMY ANR, S/o.Sundaraiah, Hindu Working as Coordinator in Velugu Organisation [DPIP] O/o.Vayalpad. Native R/o.Pudipatla, tirup Rural. Now R/o.Opp.Govt Hospital, 2. G Nagaraja, S/o.Venkataramana, Hindu R/o.D.No.17 Road, Madanapalle. Appeal filed under Order 41 of CPC before the High Courtallow this appeal set aside the order and decree, under appe IA NO: 1 OF 2007(MACMAMP 7473 OF 2007 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 stay all further proceedings of the decree and judgement in O 2005 dated 13.09.2007 on the file of the Chairman, MACT cum VII Addl.District Judge, Madanapalle 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3045 OF 2007 UNITED INDIA INSURANCE CO LTD, United India Insurance Co Ltd O/o.Gandhi Road Extention, Chittoor. ...Petitioner AND 1. M KUMARA SWAMY ANR, S/o.Sundaraiah, Hindu Working as Coordinator in Velugu Organisation [DPIP] O/o.Vayalpad. Native R/o.Pudipatla, tirup Rural. Now R/o.Opp.Govt Hospital, 2. G Nagaraja, S/o.Venkataramana, Hindu R/o.D.No.17-179/D- ...Respondents Appeal filed under Order 41 of CPC before the High Courtallow this appeal set aside the order and decree, under appeal IA NO: 1 OF 2007(MACMAMP 7473 OF 2007 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 stay all further proceedings of the decree and judgement in OP No.257 of 2005 dated 13.09.2007 on the file of the Chairman, MACT cum VII Addl.District Judge, Madanapalle IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3045 OF 2007 UNITED INDIA INSURANCE CO LTD, United India Insurance Co Ltd ...Petitioner 1. M KUMARA SWAMY ANR, S/o.Sundaraiah, Hindu Working as Coordinator in Velugu Organisation [DPIP] O/o.Vayalpad. Native R/o.Pudipatla, tirupati -1, Gandhi ...Respondents Appeal filed under Order 41 of CPC before the High Courtallow this 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 P No.257 of 2005 dated 13.09.2007 on the file of the Chairman, MACT cum VII 2 Counsel for the Petitioner: P B NARASIMHA MURTY Counsel for the Respondents: The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3045 OF 2007 JUDGMENT: When the matter is taken up for consideration, the office note dated 04.08.2026 discloses that proof of service in respect of respondent No.1 has not been filed. Though the appeal was preferred in the year 2007, even after the lapse of 18 years, the appellants have failed to take effective steps to serve notice on respondent No.1, who is the claimant. The conduct of the appellants clearly indicates that they are not interested in prosecuting the appeal. In that view, the appeal is dismissed for default. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 05.08.2026 KKV 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 28 MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3045 OF 2007 Date:05.08.2026 KKV 5 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.:M.A.C.M.A.No.3045 of 2007 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 05.08.2026 Dr.VJP,J The MACMA is dismissed for default. (Vide separate Judgment) ________ Dr.VJP, J KKV