Partly allowed

S Abdul Shukur v. the State of Ap

Andhra Pradesh HC6 Jan 2023WP/728/2023

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh, Amaravati, passed split orders. In IA No.1, delay was condoned and notices were deemed served citing C.C. Alaji. In IA No.2, an interim stay on the Motor Accidents Claims Tribunal decree was granted subject to a 50% deposit.

What did the court decide?

Stay of operation of Decree dated 10.05.2023 with condition of depositing 50% of decretal amount.

Sl.
No.

DATE

ORDER

OFFICE
NOTE

02.

29.12.2023

Dr. KMR, J

I.A.No.1 of 2023
Heard.

Pursuant to the order of this Court, dated
28.11.2023, learned counsel for the petitioner took out
notices on the respondents.
Learned counsel for the petitioner submits that
notices on respondent Nos. 2 to 5 and 7 were served as per
judgment of the Hon’bleApex Court reported in**C.C.Alavi
Haji Vs. Palapetty Muhammed and another– (2007 ) 6
SCC 555**, where in it was held that:
“a notice is sent by registered post and is
returned
with
a
postal
endorsement
“refused” or “not available in the house”
or “house locked” or “shop closed” or
“addressee not in station”, due service has
to be presumed”.
Hence, the notices on respondent Nos. 2 to 5 and 7
are deemed to be served.
The unofficial respondent No.6 is not necessary
party.
Notice of respondent No.1 is served, but none
appeared on his behalf.
For the reasons stated in the accompanying affidavit

filed in support of the Interlocutory Application, the

29.12.2023	Application is allowed and the delay of 13 days is condoned.
	____________ Dr. KMR, J M.A.C.M.A.No.728 of 2023 Admit. Post the matter on 16.02.2024.
	____________ Dr. KMR, J I.A.No.2 of 2023
	This application is filed praying to the stay of operation of Decree and Order dated 10.05.2023, passed in M.V.O.P.No.634 of 2018 on the file of Motor Accidents Claims Tribunal-Cum- Family Court–cum - VI Additional District Judge, Kadapa. Heard.
	There shall be an interim stay of all further proceedings in M.V.O.P.No.634 of 2018 on the file of Motor Accidents Claims Tribunal-Cum- Family Court– cum - VI Additional District Judge, Kadapa, subject to deposit of 50% of the decreetal amount by the appellant within a period of eight (08) weeks from the date of receipt of the order. Accordingly, the I.A. is ordered.
	___________ Dr. KMR, J vnb

29.12.2023

Application is allowed and the delay of 13 days is
condoned.

____________
Dr. KMR, J
M.A.C.M.A.No.728 of 2023
Admit.
Post the matter on 16.02.2024.

____________
Dr. KMR, J
I.A.No.2 of 2023

This application is filed praying to the stay of
operation of Decree and Order dated 10.05.2023, passed in
M.V.O.P.No.634 of 2018 on the file of Motor Accidents
Claims Tribunal-Cum- Family Court–cum - VI Additional
District Judge, Kadapa.
Heard.

There shall be an interim stay of all further
proceedings in M.V.O.P.No.634 of 2018 on the file of
Motor Accidents Claims Tribunal-Cum- Family Court–
cum - VI Additional District Judge, Kadapa, subject to
deposit of 50% of the decreetal amount by the appellant
within a period of eight (08) weeks from the date of receipt
of the order.
Accordingly, the I.A. is ordered.

___________
Dr. KMR, J
vnb

S Abdul Shukur v. the State of Ap

Case brief

What is this about?

What did the court decide?

S Abdul Shukur v. the State of Ap

Case brief

What is this about?

What did the court decide?

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