APHC010308742008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE CHALLA GUNARANJAN jyipTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2471 OF 2nnft Appeal filed under Section 173 of M.V Act. against the order and decree in O.P No. 168/2000 on the file of the Motor Vehicle Additional District Judge, Krishna, dated 17 October 2005 Accidents Claims Tribunal cum I Machilipatnam Between: 1. Gogulamudi Pothuraju, S/o Subba Rao, aged 47 Gudivada, Krishna Dist. 2. Gogulamudi Joshph Tambi, S/o Potharaju, aged Ward, Gudivada, Krishna Dist. 3. Gogulamudi Vijaya kumar, S/o Potharaju, aged 14 14th Ward, Gudivada, Krishna Dist. years, R/o 14th Ward, 20 years, R/o 14th years, (Minor), R/o 4. Gogulamudi Nani Babu, S/o Pothuraju, aged 10 (Appellant 2 to 4 are rep.by 1st Appellant, G.Pothuraju Appellant No.2 is declared as major and discharged from the guardianship of the Appellant No.1 as per the Court Order dated 12.08.2008 in MACMA M.P Nos. 4939/2008 & years, minor. 1039/2008.) ...APPELLANTS/PETITIONERS AND Gogulamudi Bebi, W/o Pothuraju aged about 37 Bhaskara Talkies, Gudivada, Krishna Dist. Srikakulapu Srinivasa Rao, S/o Bogeswara Rao, Aged 31 Driver of Lorry AAK 631 Dr. no. 1-68 Valivarethipadu Gudivada, Shaik Masthan, S/o Subhani, Muslim, Aged 42 years. Owner of lorry no. AAK 631 R/o Gudivada, Krishna Dist. (Respondent No.3 is dismissed for default vide Court 13/07/2016) The New India Assurance Company Limtied Manager, Gudivada, Krishna Dist. 1. years. Working in 2. years, Hindu, 3. Order dated 4. Rep.by its Branch ...RESPONDENTS/ RESPONDENTS Counsel for the Appellants : SRI K S R HEMANTH KUMAR Counsel for the Respondents : SRI NAGUMANTRI NAGESWARA RAO The Court made the following JUDGMENT : APHC010308742008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2471/2008 Between: 1.GOGULAMUDI POTHURAJU AND 3 OTHERS, S/0 SUBBA RAO R/0 14TH WARD, GUDIVADA, KRISHNA DIST. 2.GOGULAMUDI JOSHPH TAMBI, S/0 POTHARAJU R/0 14TH WARD, GUDIVADA, KRISHNA DIST. 3.GOGULAMUDI VIJAYA KUMAR, S/0 POTHARAJU MINOR R/0 14TH WARD, GUDIVADA, KRISHNA DIST. 4.GOGULAMUDI NANI BABU, S/0 POTHURAJU MINOR, APPE. 3 AND 4 ARE REP.BY 1ST APPE. G.POTHURAJU R/0 14TH WARD, GUDIVADA, KRISHNA DIST. ...APPELLANT{S) AND 1.GOGULAMUDI BEBI AND 3 OTHERS, W/0 POTHURAJU WORKIGN IN BHASKARA TALKIES, GUDIVADA, KRISHNA DIST. 2.SRIKAKULAPU SRINIVASA RAO, S/0 BOGESWARA RAO DRIVER OF LORRY AAK 631 DR. NO.1-68 VALIVARETHIPADU GUDIVADA, 3.SHAIK MASTHAN, S/0 SUBHANI OWNER OF LORRY NO. AAK 631 R/0 GUDIVADA,KRISHNA DIST. 4.THE NEW INDIA ASSURANCE COMPANY LIMTIED, REP.BY ITS BRANCH MANAGER, GUDIVADA, KRISHNA DIST. 2 CGR, J MAGMA No.2471 of 2008 ...RESPONDENT(S); Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased to lA NO: 1 OF 2008fMACMAMP 674 OF 2008 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased condone the delay of 642 days in representingthe above MACMASR.NO 14848 of 2006 lA NO: 2 OF 2008fMACMAMP 1039 OF 2008 praying that in the 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 declare the Petitioner No.2 as major and may be pleased to discharge the petitioner's father i.e. 1st petitioner/appellant lA NO: 3 OF 2008rMACMAMP 4939 OF 2008 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased discharge the petitioner from the guardianship of the 2nd petitioner/appellant in the above appeal in the interest of justice. Counsel for the Appellant(S); 1.K S R HEMANTH KUMAR Counsel for the Respondent{S): 1.NAGUMANTRI NAGESWARA RAG praying that in the 2. The Court made the following; V 3 CGR,J MAGMA No.2471 of 2008 JUDGMENT: Learned counsel for the appellants submits that he has instructions from the appellants. no It appears that they do not intend to prosecute the matter. Accordingly, this Civil Miscellaneous Appeal is dismissed for 2. non prosecution. There shall be no order as to costs. As a sequel, all pending miscellaneous petitions, if any, shall stand closed. !! SD/- K.KASIRAO ACHARI ASSISTANT REGIS^AR ‘ //TRUE COPY// SECTION OFFICER To, 1. The Motor Vehicle Accidents Claims Tribunal cum I Additional District Judge, Machilipatnam, Krishna district (with records if any) 2. One CC to Sri. K S R Hemanth Kumar Advocate [OPUC] 3. One CC to Sri. Nagumantri Nageswara Rao Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi 5. Two CD Copies stu TAC HIGH COURT DATED:05/08/2025 JUDGMENT MACMA NO. 2471 OF 2008 -<3 ■50 ^0^': III DISMISSING THE MACMA FOR NON-PROSECUTION