APHC010230342018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3548] FRIDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2995/2018 Between: 1. THE UNION OF INDIA, THROUGH GENERAL MANAGER, SOUTH CENTRAL RAILWAY SECUNDERABAD ...APPELLANT AND 1. KANTHETI GAYATHRI, W/O LATE SIVA, HINDU, AGED 23 YEARS, BHUJABALAPATNAM, KAIKALURU MANDAL, KRISHAN DISTRICT.KRISHNA 2. KANTHETI NANDU, S/O LATE SIVA, AGED 4 YEARS, R/O. BHUJABALAPATNAM, KAIKALURU MANDAL, KRISHNA DISTRICT. 3. KANTHETI PUJITHA KATYAYANI, D/O LATE SIVA, AGED 3 YEARS, R/O. BHUJABALAPATNAM, KAIKALURU MANDAL, KRISHNA DISTRICT. 4. KANTHETI SITARATNAM, M/O LATE SIVA, AGED 56 YEARS, R/O. BHUJABALAPATNAM, KAIKALURU MANDAL, KRISHNA DISTRICT. (PETITIONERS 2 AND 3 BEING MINORS REP BY THEIR MOTHER AND NATURAL GUARDIAN KANTHETI GAYATHRI, 1ST RESPONDENT) ...RESPONDENT(S): Appeal filed under Order 41 of CPC praying that the High Court may be pleased to present this Memorandum of Grounds of Civil Miscellaneous Appeal to this Hon'ble Court against the order made in M.V.O.P.No.274 of 2010, dated 11.12.2017 on the file of the Motor Vehicles Accidents Claims Tribunal- cum- XI Addl. District Judge, Krishna, Gudivada, for the following 2 GTK, J M.A.C.M.A.No.2995 of 2018 IA NO: 1 OF 2018 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 condone the delay of 220 days in resubmission of the appeal and pass IA NO: 2 OF 2018 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 condone the delay 14 days in filing the above said appeal and pass IA NO: 3 OF 2018 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 stay all further proceedings in pursuance of the order dt.11-12-2017 in MVOP No.274/2010 on the file Motor Vehicle claims Tribunal, cum XI Addl. Dist Judge Krishna, Gudivada or to pass Counsel for the Appellant: 1. N SASIKALA (STANDING COUNSEL FOR RAILWAYS) Counsel for the Respondent(S): 1. M VIDYAVATHI The Court made the following: 3 GTK, J M.A.C.M.A.No.2995 of 2018 JUDGMENT: Heard, Smt.M.Vidyavathi, learned Senior Counsel appearing for respondent Nos.1 to 4/claimants. None appeared for the appellant. 1. This appeal is filed in the year 2018 with a delay of 14 days in filing the appeal and 220 days in resubmitting the appeal. 2. As seen from the earlier proceedings of this Court, it appears that, on 16.11.2018, the delay of 220 days in resubmitting the appeal was condoned, and petitioner’s counsel was permitted to take out personal notice to the respondents. In pursuance to the said notice, Smt.M.Vidyavathi, learned Senior Counsel, filed vakalat for respondent Nos.1 to 4/claimants. On 25.07.2025, the matter was directed to be listed on 22.08.2025 under the caption ‘For Dismissal’. When the matter was listed on 18.03.2026, as there was no representation on behalf of the appellant, the matter was directed to be listed on 20.03.2026 under the caption ‘For Dismissal’. 3. The matter is listed today, and when called, there is no representation on behalf of the appellant and it appears that either the learned Standing Counsel or the appellant are not evincing any interest to proceed with the matter and hence, this Motor Accident Civil Miscellaneous Appeal is dismissed for non-prosecution. 4. In view of the dismissal of the appeal for non-prosecution, the claimants are at liberty to move an application before the Tribunal to receive the compensation amount with interest, as per law, as directed by the Tribunal. 5. As a sequel, Interlocutory Applications, pending, if any shall stand closed. _______________________ TUHIN KUMAR GEDELA, J Date: 10.04.2026 BMS