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CDJ 2025 APHC 1950 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : I.A.No. 1 of 2014 (M.A.C.M.A.M.P.No. 3260 of 2014) in of and Motor Accident Civil Miscellaneous Appeal (Sr)No. 45066 of 2012
Judges: THE HONOURABLE MR. JUSTICE A. HARI HARANADHA SARMA
Parties : The Royal Sundaram Alliance Insurance Co Ltd., Chennai Versus Gurram Eswaraiah Kadapa Dist & Another
Appearing Advocates : For the Petitioner: Kota Subba Rao, Advocate. For the Respondent: ----------
Date of Judgment : 12-12-2025
Head Note :-
Civil Procedure Code - Order 41 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Order 41 of CPC
- Section 151 CPC

2. Catch Words:
- delay
- condonation
- impleading
- abatement
- stay
- execution
- appeal
- dismissal

3. Summary:
The High Court considered IA No.1 of 2014 filed under Section 151 CPC seeking condonation of a 590‑day delay in filing an appeal. The appellant, an insurance company, failed to implead the legal representatives of the deceased claimant within the statutory 90‑day period, and no application for condonation was filed. The court noted that the requisite steps to set aside the abatement had not been taken. Consequently, the IA was dismissed for non‑prosecution without costs. As a result, the pending appeal (M.A.C.M.A (SR) No. 45066 of 2012) was also rejected, and any miscellaneous petitions were closed, with any stays vacated.

4. Conclusion:
Petition Dismissed
Judgment :-

(Prayer: Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toggrieved by the orders passed by way of judgment and Decree in M.V.O.P.NO.222 of 2005, dated 11.07.2012 on the file of the Chairman, Motor Accident Claims Tribunal-cum-II Addl District Judge, Kadapa at Produtoor

IA NO: 1 OF 2014(MACMAMP 3260 OF 2014

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 590 days in representing the appeal in MACMA SR No.45066 of 2012, and pass

IA NO: 2 OF 2014(MACMAMP 3397 OF 2014

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 the execution of decree and judgment passed in MVOP.No. 222 of 2005, dt. 11/07/2012 on the file of the Chairman, MACT-cum-II Additional District Judge, Kadapa at Produtoor , and pending the final disposal of the main Appeal)

1. The Court made the following Common Judgment:

I.A.No.1 of 2014 (M.A.C.M.A.M.P.No.3260 of 2014)

Learned counsel for appellant present.

2. On 21.06.2024 time was sought on behalf of appellant/insurance company to take steps for impleading the Legal Representatives of deceased/respondent No.1.

3. Respondent No.1 is claimant before Motor Accident Claims Tribunal. Insurance company is the appellant.

4. As per the Death Certificate copy and Family Members Certificate copy filed through Memo dated 24.01.2020 on behalf of the appellant, the date of death of the respondent No.1 is 22.04.2013.

5. From the date of death, the time 90 days contemplated for adding legal representatives and for setting aside the abatement of 60 days expired long back.

6. For the delay for condonation an appropriate application is to be filed. So far, no such application filed by the appellant/insurance company.

7. The appeal itself was filed for the delay of 590 days vide M.A.C.M.A.M.P No.3260 of 2014. Steps, if any with regard to impleading of LRs or set aside the abatement ought to have been taken in the said M.A.C.M.P.M.P.No.3260 of 2014.

8. In the context of the case, considering the conduct of the appellant, the application is dismissed for non prosecution. No orders as to costs.

M.A.C.M.A.(SR) NO: 45066 OF 2012

9. In view of the dismissal of the I.A., this M.A.C.M.A (SR).No.45066 of 2012 shall stands rejected.

10. Miscellaneous petitions pending, if any, shall stands closed. Stay if any granted and pending shall stands vacated.
 
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