APHC010102602020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 540/2021 Between: 1. THE NEW INDIA ASSURANCE COMPANY LIMITED, REP. BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, NEAR SANTHA MARKET, K.N.REDDY BUILDINGS, TADEPALLIGUDEM, WEST GODAVARI DT. ...APPELLANT AND 1. KALIGITI PADMA, W/O MOHAN RAO, AGED 55 YEARS, PEDAPADU VILLAGE AND MANDAL, WEST GODAVARI DT. 2. KALIGITI SUMALATHA, D/O MOHAN RAO, AGED 30 YEARS, PEDAPADU VILLAGE AND MANDAL, WEST GODAVARI DT, 3. KALIGITI RAJENDRA BABU, S/O MOHAN RAO, AGED 26 YEARS, PEDAPADU VILLAGE AND MANDAL, WEST GODAVARI DT 4. BAKURI APPA RAO, S/O RAMU, AGED 27 YEARS, DRIVER OF LORRY BEARING NO. AP 05 TX 3569, NARASIMHARAOPETA, JINNURU VILLAGE, PODURU MANDAL, WEST GODAVARI DT. 5. G SUDHA RANI, , W/O SRINIVASA RAJU, OWNER OF LORRY BEARING NO. AP 05 TX 3569, 4-38, RAJULA RAMALAYAM, CHICHINADA VILLAGE, YALAMANCHILI MANDAL, WEST GODAVARI DT ...RESPONDENT(S): Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased topleased to set aside the order passed in M.V.O.P.No.456 of 2016 on the file of the Motor Accidents Claims Tribunal cum-II Additional District Judge, West Godavari, at Eluru, dated 12th November, 2019 and pass 2 IA NO: 1 OF 2021 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 be pleased to grant stay of operation of the decree and Judgment in M.V.O.P.No.456 of 2016 on the file of the Motor Accidents Claims Tribunal cum-II Additional District Judge, West Godavari, at Eluru, dated 12th November, 2019, pending disposal of the main C.M.A., and pass IA NO: 1 OF 2023 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 pleased to vacate the interim order dated 09.11.2021 in I.A No. 01 of 2021 in M.A.C.M.A.No.540 OF 2021 and pass IA NO: 1 OF 2025 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 May be pleased to allow this petition and permit the Petitioners/ Respondents-1 to 3 to withdraw 50% of the compensation amount along with proportionate interest and costs deposited by the 1st Respondent-Insurance Company in terms of the interim order Dt.09-11-2021 passed by this Hon'ble Court in I.A. No. 1 of 2021 in MACMA No. 540 of 2021 in MVOP 456 of 2016 dt. 12-11-2019 on the file of the Motor Accidents claims Tribunal cum 2"a Additional District Judge, West Godavari district at Eluru, pending disposal of above MACMA in the interest of justice and equity and pass Counsel for the Appellant: 1. NARESH BYRAPANENI Counsel for the Respondent(S): 1. KIRAN KUMAR BALIGAMSETTI 2. KOTHA NAGA SURYA RAO 3 The Court made the following judgment: On 31.01.2026, the matter got adjourned at request of the counsel for the appellant. The matter was again listed on 13.02.2026, there was no representation for the appellant. Today also there is no representation. 2. It shows that the appellant is not interested to prosecute the case. In that view of matter, the present appeal is dismissed for non- prosecution. 3. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR Dt.06.03.2026 DSB 4 21 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR MACMA No.540 of 2021 Date 06.03.2026 U DSB