IN THE HON’BLE COURT OF THE M.A.C.

T – CUM – DISTRICT
JUDGE AT VIZIANAGARAM.

M.V.O.P.NO: /2017
Between:
Smt. Korupolu Laxmi ---------- Petitioner.
And:
1. S. Ramu
2. D. Prasad
3. Tata AIG Genaral Insurance Co. Ltd. Rept. by its
Divisional Manager, Visakhapatnam. ----- Respondents.

PETITION FILED UNDER SECTION 166 OF MOTOR VEHICLE ACT,

R/W RULE 455 OF MOTOR VEHICLE RULES 1989 AND AMENDED
ACT 54/94.
I. THE PETITIONER IS:
1. Smt. Korupolu Laxmi w/o late Srinivasa Rao, aged 38 years, Hindu,
residing at Vasadi Village, Gantyada Mandal, Vizianagara district.
The address of the Petitioner for the purpose of all notices and process
is as stated above and care of his advocate Sri. V. DEMUDU BABU,
Vizianagaram.
II. THE RESPONDENTS ARE:
1. Sri. Singidi Ramu S/o Atchanna, aged 21 years, Hindu, driver of TATA
Magic bearing No: AP 35 V 6367, residing at Korlam Village, Gantyada
Mandal, Vizianagaram district.

2. Sri. D. Prasad S/o Suri Naidu, Hindu, Owner of TATA Magic bearing No:
AP 35 V 6367, resident of Door No:3-17, Sidaga Street, Gantyada Village /
Mandal, Vizianagaram district.

3. Tata AIG Genaral Insurance Co. Ltd. Rept. by its Divisional Manager,
Divisional Office, Visakhapatnam, (Policy No: 015608797500, Valid from
01-07-2016 to 30-06-2017).

The address of the respondents for the purpose of service of all notices
and process is as stated above.

III. PARTICULARS OF THE PETITION:-

The details are furnished below in the form of C.I.D. i.e., the form of
application for grant of Compensation under Section 166 of Motor Vehicle Act,
R/W Rule 455 of Motor Vehicle Rules, 1989 and Amended Act, 54/94.

I, Korupolu Laxmi w/o late Srinivasa Rao, aged 38 years, Hindu, residing at
Vasadi Village, Gantyada Mandal, Vizianagara district, do hereby apply for grant
of compensation on account of injuries caused to me in a Motor Vehicle Accident.

Necessary particulars in respect of the Vehicle, date of Accident etc., are

given below:-
1. Name& Father’s Name of the Injured: Korupolu Laxmi w/o late Srinivasa
Rao.
 2

2. Full address of the person Injured. : Korupolu Laxmi w/o late Srinivasa Rao,
age 38 years, R/o Vasadi Village,
Gantyada Mandal,Vizianagara district.

3. Age of the person Injured : 38 years.

4. Occupation of the person Injured : Agricultural works.

5. Name and address of the Employer of.: ----No---

the person Injured.
6. Monthly income of the person Injured : Rs. 6,000/- Per Month.

7. Does the person Injured pay income tax: No,

8. Place, date and time of accident. : dt. 20-09-2016 at about 8-45 hours,
Skirts of Vasadi Village,

9. Name and address of the Police : The S.H.O, Gantyada P. S.

Station in whose jurisdiction the registered a Crime U/Sec 338
accident occurred : of I.P.C in Cr.No.123 / 2016,

10. Was the person in respect of whom :

compensation is claimed traveling in: Third party accident.
the Vehicle if so give the name and :
starting of journey and destination.

11. Nature of Injuries sustained and : Grievous injury on her head,

continuing effect if any of the Injuries:

12. Name and address of the Medical Officer: Dr. G. Sowjanya Devi, (C A S)
who attended on the Person Injured. : Dist. Hqrs Hospital,
Vizianagaram.

13. Nature and period of treatment and : Described in Col. No. 25th, 26th
expenditure if any incurred thereon. of the Petition.

14. Disability of work if any caused. : Permanent disability as described

in
column No:26 of the petition,

15. Registration Number and type of. : : Tata Magic bearing No: AP 35V
6367
the Vehicle involved in the accident

16. Name and address of the Owner : D. Prasad S/o Suri Naidu, Owner of
TATA Magic bearing No: AP 35 V
6367, R/o Gantyada Ville /Mandal,
Vizianagaram district.
17. Name and address of the insurer : Tata A I G Genaral Insurance Co.Ltd.
of the Vehicle. Rep. its by Divisional Manager, V.S.P.

18. Has any claim separately lodged : No.

with the Owner/Insurer.
 3

19. Whether the person Injured has : No.

preferred claim for damages in any
road accident on earlier occasion.

20. where the person injured preferred: No.

a claim for damages if any earlier

21. Whether he is related to or known : No.

to the respondents if so how:
22. Name and address of the Applicant: Korupolu Laxmi w/o late Srinivasa Rao,
age 38 years, R/o Vasadi Village,
Gantyada Mandal,Vizianagara district

23. Relationship with the person Injured: Petitioner him self injured.
24. Title to the property of the person Injured: Does not arise.

25. AMOUNT OF COMPENSATION CLAIMED

SPECIAL DAMAGES:
Compensation for Medicines, and extra nourishments: Rs. 30, 000 - 00
GENERAL DAMAGES:
Compensation for pain and suffering Rs. 30, 000 - 00
Compensation for loss of earning power
and continuing disability. Rs. 1, 40, 000 -
00

---------------------
Total (Rupees two lakhs only) Rs. 2, 00, 000 –
00
--------------------
-
26. Any other information that may be necessary or helpful in the disposal of the
claims: -
a) It is submitted that the accident took place at Vasadi Village, Gantyada
Mandal, Vizianagaram district, is within the jurisdiction of this Honourable
Court. Hence this claim is maintainable under section 166 of M.V. Act. There is
no stipulated time for filing claim application as per the amended Act (Act 54 of
1994) hence the claim is in time.

b) It is submitted the petitioner is doing agricultural works, and on 20-09-

2016, while the petitioner proceeding towards fields on the road side to attend
agricultural works and when she reached skirts of Vasadi Village at bout 8-45
hours, mean while the driver of crime vehicle TATA Magic bearing No: AP 35V
6367 driven by the 1st respondent in a rash and negligent manner with high speed
towards Bonangi side and dashed against the petitioner from here rare side, as a
result of it, the petitioner fell on the road and touching her to BT road, and
sustained sever bleeding injury on her head and lost conscious, and the said
injuries is grievous in nature. Immediately the petitioner was sifted to the District.
Head Quarters Hospital, Vizianagaram, and there after she was shifted to KGH,
Visakhapatnam for batter treatment, where the doctors were conducted operations
and treated there for a period of 25 days and there by he spent huge amounts for
 4
treatment and extra nourishment. She suffered a lot of pain at the time of accident
and during the course of treatment. After she discharged from hospital she took
bed rest for a period of three months on the advice of the doctors. She lost her
earning due to the injuries caused to her in the above said accident.

c) It is submitted that the accident occurred only due to rash and negligent
driving of the 1st respondent driver of the crime vehicle, and had he taken
minimum care in driving the vehicle, the accident would not have been taken
place.
d) The 1st respondent is the driver, the 2 nd respondent is the owner of the crime
vehicle who insured the vehicle with the 3rd respondent insurance company; the 3rd
respondent is the insurance company, and as such all the respondents are jointly
and severally liable to pay the compensation to the petitioner as claimed.

e) It is submitted that the Station House Officer, Gantyada P. S, registered a

case in Crime No: 123/2016 for the offence Under Sections 338 of I.P.C.

f) The petitioner is aged about 38 years and she was hale and healthy prior to
the accident. She used to earn Rs.6,000/- Per Month by working agricultural
works, Now the petitioner is not able to do any work in normal course of duties
due to the injuries sustained in the said accident, Hence the petitioner is claiming
in all Rs: 2,00,000-00 towards compensation.

IV. A Court fee of Rs: 1,360/- (Rupees thirteen hundred and sixty only) is paid
under Rule 475 of Motor Vehicle Rules.
V. The Petitioner therefore, prays that the Honourable Court may be pleased to
pass an award in favour of the petitioner and against the respondents to pay
a] an amount of Rs. 2,00,000/- (Rupees two lakhs only) towards
compensation.
b] Interest @ 18% per annum from the date of the petition till the date of
realization of the claim amount.
c] Costs of the petition, and
d] To Grant such other relief or reliefs as the Honourable Court deems fit
under the circumstances of the case, in the interest of justice.

ADVOCATE FOR THE PETITIONER PETITIONER.

I, the petitioner herein do hereby declare that the facts and information
stated in the above paragraphs are all true and correct to the best of my knowledge
and belief.
PETITIONER.
LIST OF DOCUMENTS
1. Certified Copy F. I. R in Crime No: 123/ 2016 of Gantyada P. S.
2. Certified copy of Charge sheet in the above Crime.
3. Certified Copy of Wound certificate of the petitioner.
4. Certified Copy of M. V. Report.
ADVOCATE FOR THE
PETITIONER.
 5

IN THE HON’BLE COURT OF THE M.A.C.T – CUM – DISTRICT JUDGE AT

VIZIANAGARAM.

M.V.O.P.NO: /2019
Between:

Sri. Majji Nageswara --------- Petitioner.

And:-

Sri. M. Kodanda Rama Krishna and others ------- Respondents.

AFFIDAVIT FILED UNDER ORDER 19 RULE 1 OF CIVIL PROCEDURE

CODE.

1. I, Majji Nageswara Rao s/o Satyam, aged 35 years, Hindu, Carpenter

work, resident of M. Lingalavalsa Village, Dattirajeru Mandal,
Vizianagara district. do here by solemnly affirm and state on oath as
follows:-

2. I am the petitioner herein and hereby well acquainted with the facts
of the case.

3. I along with other petitioners filed the MOP for grant of

compensation under section 166 of M. V. Act on account of injuries
sustained by me in a motor vehicle accident occurred on 18-02-2019
due to the rash and negligent act of the 1st respondent, and the Crime
was registered in Crime No: 8/2019 of Bondapalli P.S. and the main
O.P may also read as part of this affidavit to avoid reputation of facts.

4. I further submit that we filed the above O. P. through our councils Sri.
V. DEMUDU BABU, Advocate, Vizianagaram..

5. I further submit that no other advocates were authorized and no

other claim petition regarding the same cause of action has instituted
by me in any other Tribunal to the best of my knowledge.

Deponent.
Solemnly affirmed before me on this th day of December, 2019 at
Vizianagaram.

Advocate (AO)
 6

IN THE HON’BLE COURT OF THE M.A.C.T – CUM – DISTRICT

JUDGE AT VIZIANAGARAM.

M.V.O.P.NO: /2019
Between:
Sri. Majji Nageswara Rao ---------- Petitioner.

And:
4. M. Kodanda Rama Krishna
5. P. Rambabu
6. SHIRAM General Insurance Co. Ltd.
7. L. Naga Raju
8. The APSRTC, Depot Manager, Vizianagaram,
9. The APSRTC Managing Director, Vijayawada, ----- Respondents

PETITION FILED UNDER SECTION 166 OF MOTOR VEHICLE ACT,

R/W RULE 455 OF MOTOR VEHICLE RULES 1989 AND AMENDED
ACT 54/94.
I. THE PETITIONER IS:
1. Sri Majji Nageswara Rao s/o Satyam, aged 35 years, Hindu, Carpenter
work, residing at M. Lingalavalsa Village, Dattirajeru Mandal, Vizianagara
district.
The address of the Petitioner for the purpose of all notices and process
is as stated above and care of his advocate Sri. V. DEMUDU BABU,
Vizianagaram.

II. THE RESPONDENTS ARE:

4. Sri. M. Kodanda Rama Krishna S/o late Simhachalem, aged 44 years,
Hindu, driver of Lorry bearing No: AP 31 TE 0999, residing at H No: 25-
11/1, Kalanagar, Near Saibaba Temple, Madhuravada , Visakhapatnam..

5. Sri. Pitta Rambabu S/o Chinnayya, Hindu, Owner of of Lorry bearing No:
AP 31 TE 0999, resident of Kalanagar, Near Saibaba Temple,
Madhuravada, Visakhapatnam

6. SHIRAM General Insurance Co. Ltd. Rept. by its Divisional Manager,

Divisional Office, Visakhapatnam, (Policy No: M/S STFC LTD-CA0197/,
Valid from 08-02-2019 to 07-02-2020.

7. Sri. Lingala Nagaraju S/o Ramulu, aged 36 years, Hindu, driver of RTC
Bus bearing No: AP 35 Z 0062, residing at Jigiram Village, Saluru Mandal,
Vizianagaram district.
.
8. The, A.P.S. R.T.C, Reptd. By its Depot Manager, Vizianagaram.

9. The Manager Director, A.P.S. R.T.C, Bus Bhavan. Vijayawada.

The address of the respondents for the purpose of service of all notices
and process is as stated above.
 7
III. PARTICULARS OF THE PETITION:-
The details are furnished below in the form of C.I.D. i.e., the form of
application for grant of Compensation under Section 166 of Motor Vehicle Act,
R/W Rule 455 of Motor Vehicle Rules, 1989 and Amended Act, 54/94.

I, Majji Nageswara Rao s/o Satyam, aged 35 years, Hindu, Cooli, residing at
M. Lingalavalsa Village, Dattirajeru Mandal, Vizianagara district, do hereby
apply for grant of compensation on account of injuries caused to me in a Motor
Vehicle Accident.

Necessary particulars in respect of the Vehicle, date of Accident etc., are

given below:-

1. Name& Father’s Name of the Injured: Majji Nageswara Rao s/o Satyam.

2. Full address of the person Injured.: Majji Nageswara Rao s/o Satyam, age 35
YS, Hindu, Corpenter, R/o M.
Lingalavalsa
village, Dattirajeru Mandal, Vizianagaram
district
3. Age of the person Injured : 35 years.

4. Occupation of the person Injured : Carpenter work

5. Name and address of the Employer of.: ----No---

the person Injured.

6. Monthly income of the person Injured : Rs. 8,000/- Per Month.

7. Does the person Injured pay income tax: --No--

8. Place, date and time of accident. : dt. 18-02-2019 at about 20-30 hours,
Near Bangaramma Temple, Gotlam
Village, Bondapalli Mandal.

9. Name and address of the Police : The S.H.O, Bondapalli P. S.

Station in whose jurisdiction the registered a Crime U/Sec. 338,337
accident occurred : of I.P.C in Cr.No.24 / 2019,

10. Was the person in respect of whom :

compensation is claimed traveling in: Third party accident.
the Vehicle if so give the name and :
starting of journey and destination.

11. Nature of Injuries sustained and : Grievous injury on his all over body,
continuing effect if any of the Injuries:

12. Name and address of the Medical Officer: Dr. K. Raja Sagar,
who attended on the Person Injured. : A B C Hospital,
Visakahapatnam.

13. Nature and period of treatment and : Described in Col. No. 25th, 26th
expenditure if any incurred thereon. of the Petition.
 8

14. Disability of work if any caused. : Permanent disability as described

in
column No:26 of the petition,

15. Registration Number and type of. : : Lorry No: AP 31 TE 0999, and
the Vehicle involved in the accident : APS RTC Bus No: AP Z 0062,

16. Name and address of the Owner : 1. Pitta rambabu S/o Chinnayya, R/o
Kalanagar, Near Saibaba Temple,
Madhuravada , Visakhapatnam.

2.APSRTC, D.M, Vizianagaram,

17. Name and address of the insurer : Shiram General Insurance Co.Ltd.
of the Vehicle. Rep. its Divisional Manager, V.S.P.

18. Has any claim separately lodged : No.

with the Owner/Insurer.

19. Whether the person Injured has : No.

preferred claim for damages in any
road accident on earlier occasion.

20. where the person injured preferred: No.

a claim for damages if any earlier

21. Whether he is related to or known : No.

to the respondents if so how:

22. Name and address of the Applicant:- Majji Nageswara Rao s/o Satyam, age
35
years, Hindu, R/o M. Lingalavalsa
village, Dattirajeru Mandal,Vizianagaram
district.

23. Relationship with the person Injured: Petitioner himself injured.

24. Title to the property of the person Injured: Does not arise.

25. AMOUNT OF COMPENSATION CLAIMED

SPECIAL DAMAGES:
Compensation for Medicines, and extra nourishments: Rs. 1, 00, 000 - 00
GENERAL DAMAGES:
Compensation for pain and suffering Rs. 1, 00, 000 - 00
Compensation for loss of earning power
and continuing disability. Rs. 2, 00, 000 - 00

---------------------
Total (Rupees four lakhs only) Rs. 4, 00, 000 –
00
 9
--------------------
-
26. Any other information that may be necessary or helpful in the disposal of the
claims: -
a) It is submitted that the accident took place at Near Bangaramm temple ,
Gotlam Village, Bondapalli Mandal, Vizianagaram district, is within the
jurisdiction of this Honourable Court. Hence this claim is maintainable under
section 166 of M.V. Act. There is no stipulated time for filing claim application as
per the amended Act (Act 54 of 1994) hence the claim is in time.

b) It is submitted the petitioner is doing carpenter work and on 18-02-2019,

the petitioner borded along with other passengers on APS RTC Bus AP 35 Z 0062
and the said bus was started from Vizianagaram RTC complex to go to Saluru,
with all passengers, when the bus was reached near Bangaramma temple of
Gotlam village, the 4th respondent the driver of the bus drove the same in a rash
and negligent manner and turned the bus on its right side and at the same time the
1st respondent driver of lorry AP 31 TE 0999 coming from the opposite direction
of the bus on his way from Gajapathinagaram to Vizianagaram with high speed
and in a rash and negligent manner, due to which he failed to observe the bus and
lost control of his lorry and dashed the bus, as a result of which, the petitioner and
other passengers sustained both simple and grievous and in which the petitioner
received sever injuries on his spine, neck and on his head, then he lost his
conscious, the said injuries are grievous in nature. Immediately the petitioner was
shifted to the District. Head Quarters Hospital, Vizianagaram, and there after he
was shifted to ABC, Visakhapatnam for batter treatment, where the doctors were
conducted operations and treated there for a period of 25 days and thereby he
spent huge amounts for treatment and extra nourishment. He suffered a lot of pain
at the time of accident and during the course of treatment. After he discharged
from hospital he took bed rest for a period of three months on the advice of the
doctors. he lost his earning due to the injuries caused to him in the above said
accident.

c) It is submitted that the accident occurred only due to rash and negligent
driving of the 1st respondent and 4th respondent who are drivers of the crime
vehicles and they have taken minimum care in driving their vehicles, the accident
would not have been taken place.

d) The 1st and 4th respondents are the drivers, the respondents 2nd and 5th are the
owners of the crime vehicles who insured the vehicles with the 3 rd respondent
insurance company; the 3rd respondent is the insurance company and as such all
the respondents are jointly and severally liable to pay the compensation to the
petitioner as claimed.

e) It is submitted that the Station House Officer, Bondapalli P. S, registered a

case in Crime No: 24 / 2019 for the offence Under Sections 337 & 338 of I.P.C.
against 1st and 4th respondents.

f) The petitioner is aged about 35 years and he was hale and healthy prior to
the accident. he used to earn Rs.8,000/- Per Month by working carpenter work,
Now the petitioner is not able to do any work in normal course of duties due to the
 10
injuries sustained in the said accident, Hence the petitioner is claiming in all Rs:
4,00,000-00 towards compensation.

IV. A Court fee of Rs: 3,360 /- (Rupees three thousand and sixty only) is paid
under Rule 475 of Motor Vehicle Rules.

V. The Petitioner therefore, prays that the Honourable Court may be pleased to
pass an award in favour of the petitioner and against the respondents to pay

a] an amount of Rs. 4,00,000/- (Rupees four lakhs only) towards

compensation.

b] Interest @ 18% per annum from the date of the petition till the date of
realization of the claim amount.

c] Costs of the petition, and

d] To Grant such other relief or reliefs as the Honourable Court deems fit
under the circumstances of the case, in the interest of justice.

ADVOCATE FOR THE PETITIONER PETITIONER.

I, the petitioner herein do hereby declare that the facts and information
stated in the above paragraphs are all true and correct to the best of my knowledge
and belief.

PETITIONER.
LIST OF DOCUMENTS

1. Attested Copy the F. I. R in Crime No: 24/ 2019 of Bondapalli P. S.

2. Attested Copy of the Charge sheet in the above Crime.
3. Attested Copy of The wound certificate.
4. Attested Copy of M. V. Report.

ADVOCATE FOR THE PETITIONER.

 11

IN THE HONOURABLE COURT OF THE M.A.C.T-CUM- DISTRICT

JUDGE’S COURT AT VIZIANAGARAM

M.V.O.P.NO: /2019
Between:-
1. Smt. Gopisetti Sanyasamma
2. Sri. Gopisetti Venkata Rao
3. Sri. Gopisetti Sankara Rao -------- Petitioners

And:
1. Sri. Palamarasetti Jagga Rao
2. Cholamandalam MS Generali Insurance. Co, Ltd. ---- Respondents

PETITION FILED UNDER SECTION 166 OF MOTOR VEHICLE ACT,

R/W RULE 455 OF MOTOR VEHICLE RULES 1989 AND AMENDED
ACT 54/94.
I. THE PETITIONERS ARE:-

1. Smt. Gopisetti Sanyasamm, W/o late Thrimurthulu, Hindu, aged about 63

years, House wife, R/o Mukundapuram Village, Vepada Mandal,
Vizianagaram district.

2. Sri. Gopisetti Venkata Rao S/o late Thrimurthulu, Hindu, aged about 37
years, Cultivation, R/o Mukundapuram Village, Vepada Mandal,
Vizianagaram district.

3. Sri. Gopisetti Sankara Rao, S/o late Thrimurthulu, Hindu, aged about 33
years, Business, R/o Mukundapuram Village, Vepada Mandal,
Vizianagaram district.

The address of the Petitioners for the purpose of all notices and process is
as stated above and care of their Advocate Sri. M.PRABHAKARA RAO &
V. DEMUDU BABU, Vizianagaram.

II. THE RESPONDENTS ARE:

1. Sri. Palamarasetti Jagga Rao S/o Polipalli, Hindu, aged about 46 years,
driver cum owner of Tractor and Taller bearing No: AP 35 X 9002/AP 35 X
4763, R/o L. Kota Village / Mandal, Vizianagaram district.
 12
2. CHOLAMANDALAM MS GENERAL INSURENCE Co, ltd., rept. by its
Divisional Manager, Door No: 05-6-575/2, Himachal Nagar, Gajuwaka,
Visakhapatnam, A. P. and Policy No: 3380/01421258/000/00, valid from:
26-07-2018 to 25-07-2019.

The addresses of the respondents for the purpose of service of all court
notices and process are as above.

III. PARTICULARS OF THE PETITION:

The details are furnished below in the form C.I.D. i.e., the form of
application for grant of Compensation under Section 166 of Motor Vehicle Act,
R/W Rule 455 of Motor Vehicle Rules, 1989 and amended Act, 54/94.

The petitioners are the legal representatives of the deceased Gopisetti

Thrimurthulu, S/o late Somulu, age 68 years, Hindu, R/o Mukundapuram Village,
Vepada Mandal, r/o Sri Chythanya public School, L. Kota, Vizianagaram district,
do hereby apply for grant of Compensation on account of death of Thadi Yerri
Naidu, in a Motor Vehicle Accident.

Necessary particulars in respect of the Vehicle, date of Accident etc., are

given below:-

1. Name & Father’s Name of the deceased: Gopisetti Thrimurthulu, S/o late
Somulu,

2. Full address of the person deceased : Gopisetti Thrimurthulu, S/o late

Somulu, Mukundapuram village,
Vepada Mandal, Vizianagaram district.

3. Age of the person died : 68 years.

4. Occupation of the person deceased : Watchman, Sri Chytanya Public

School, L. Kota village,

5. Name and address of the Employer of. : Sri Chytanya Public

the person deceased : School, L. Kota village

6. Monthly income of the person deceased : 10,000/-.Per Month

7. Does the person deceased pay income tax: No.

8. Place date and time of accident. :Dt. 30-01-2019 at 11-00 p. m., at

Sri Chytanya Public School,
L. Kota Village / Mandal.

9. Name and address of the Police station in: The S.H.O, L. Kota P S. registered
whose jurisdiction the accident occurred : a case in Crime No.8/2019 U/Sec
304 –A of I.P.C.

10. Was the person in respect of whom : Third party.

Compensation is claimed traveling in
 13
the Vehicle if so give the name and
Starting of journey and destination.

11. Nature of Injuries sustained and : Both simple & grievous injuries.
continuing effect if any of the Injuries. resulting death.

12. Name and address of the Medical Officer: Dr. R. Thrinada Rao, D.C..S,
who attended on the Person died. C. H. C. S. Kota.

13. Nature and period of treatment and : Described in Col. No. 25th, 26th
expenditure if any incurred thereon. of the Petition.

14. Disability of work if any caused. : injured died due to the injuries.

15. Registration Number and type of. : Tractor and Taller bearing No: AP
the Vehicle involved in the accident : 35 X 9002/AP 35 X 4763,

16. Name and address of the Owner. : P. Jagga Rao S/o Polipalli,
Of the vehicle. : L. Kota Village/Mandal,
Vizianagaram district

17. Name and address of the : Cholamandalam MS General Insurance,

Insurer of the Vehicle Co. ltd. Rept. by its Divisional Manager,
Gajuwaka, Visakahapatnam.

18. Has any claim separately lodged : No

with the Owner/ Insurer.

19. Whether the person deceased has : No.

preferred claim for damages in any
road accident on earlier occasion.

20. Where the person deceased preferred: No

claim for damages if any earlier

21. Whether he is related to or known : No.

to the respondents if so how

22. Name and address of the Applicants.: 1. G. Sanyasamma, 2. G. Venkata

Rao,
& 3. G. Sanakara Rao,
Mukundapuram Village. Vepada
Mandal, Vizianagaram dist.

23. Relationship with the person deceased. : The 1st petitioner is the wife, and the
Petitioners 2 & 3 are the children of the
deceased.

24. Title to the property of the deceased: Legal hairs under Hindu succession Act.

25. AMOUNT OF COMPENSATION CLAIMED AS:

 14
SPECIAL DAMAGES:
Compensation for transport and funeral expenses: Rs. 25, 000-00
GENERAL DAMAGES:
Compensation for pain and suffering Rs. 25, 000-00
Compensation of loss of consortium Rs: 1, 00,000-00
Compensation for loss of earnings &
Future amenities
Dependency and loss of estate. Rs. 4,50,000-00
-------------------------
Total (Rupees Ten lakhs only) Rs. 6, 00,000-00
-------------------------

26. Any other information that may be necessary or helpful in the disposal of the claims.
Necessary particulars in respect of the Vehicle, date of accident etc., are given below:-

a). It is submitted that the petitioners are permanent residents of Mukundapuram

Village, Vepada Mandal, Vizianagaram district and the accident took place at Sri
Chytanya Public School, L. Kota Village / Mandal, on 29-1-2019, within the
jurisdiction of this Honourable Court. Hence this claim is maintainable under
section 166 of M. V. Act. There is no stipulated time for filing claim application
as per the amended Act (Act 54 of 1994) hence this claim is in time.

b). It is submitted that the deceased Gopisetti Thrimurthulu, S/o late Somulu,
was worked as a watchman in Sri Chyatanya Public School, L. Kota
Village/Mandal. On 29-01-2019, the Correspondent of the said School engaged
the Tractor and Taller No: AP 35 X 9002/AP 35 X 4763 of the 1 st respondent for
gravel load to level the School premises, accordingly on that at about 11-00 p.m
the 1st respondent drive the Tractor and Taller bearing No: AP 35 X 9002/AP 35 X
4763, came to the school premises with gravel load and reveres the Tractor and
Trailer for unload the gravel in rash and negligent manner without blowing horn
and without observing the deceased, who was discharging his duties as a watch
man, then the trailer of the tractor turned over on the deceased with gravel load.
Immediately the correspondent S. Venkata Ramana rushed to the spot and called
the JCB and removed the deceased and trailer, as result of it, the deceased was
sustained severe injuries on his chest and over his body and died on spot. Then the
S H O, L. Kota, registered a crime No: 8/2019 under section 304-A of IPC, and
conducting inquest over the dead body. After conducting autopsy over the dead
body of the deceased was handed over to the petitioners and the body was shifted
to their village and conducted cremation on it. Thereby the petitioners spent huge
amounts for transport and funeral expenses. The deceased suffered a lot of pain
and mental agony at the time of accident.

c) It is submit that the accident occurred only due to rash and negligent driving
of the 1st respondent, and had he taken minimum care in driving the crime vehicle,
the accident would not have been taken place.

d) The 1st respondent is the driver cum owner of the crime vehicle, the 2 nd
respondent is the insurance company with whom the crime vehicle was insured,
and as such both the respondents are jointly and severally liable to pay the
compensation to the petitioners as claimed.
 15
e) The deceased was aged about 68 years and he was hale and healthy prior to
the accident and he was worked as a watchman in Sri Chyatanya Public School, L.
Kota Village/Mandal, thereby he earned of Rs. 10,000/- per month, and if he was
alive, he would get huge amounts and spent the same on the petitioners and he
will become a big source of income to his dependants. Due to the death of the
deceased, the petitioners are become destitute, as they are dependants of the
deceased. Hence the petitioners are claiming in all Rs: 6,00,000-00 towards
compensation.

f) That the Station House Officer, L. Kota Police registered a Crime for the
offences Under Section 304-A of I.P.C., in crime. No: 8/2019 against the 1 st
respondent.

IV. Court fee of Rs. 5,360 /- (Rupees five thousand and three hundred sixty
only) is paid Under Rule 475 of Motor Vehicle Rules.

V. The petitioners are therefore pray that the Honourable Court may be pleased
to pass an award in favor of the petitioners and against the respondents
directing them to pay:

a] an amount of Rs: 6,00,000/-(Rupees six lakhs only) towards

compensation

b] interest on the claim amount 18% p.a. from the date of the petition till the
date of realization.

c] Costs of the petition, and

d] to grant such other relief or reliefs as the Honourable Court deems fit under
the circumstances of the case in the interest of justice.

1.
2.
3.
ADVOCATE FOR THE PETITIONERS PETITIONERS.

I, am the petitioner do here by declare that the facts and information stated
in the above paragraphs are all true and correct to the best of our knowledge.

1.
2.
3..
PETITIONERS.

LIST OF DOCUMENTS

1. Attested copy of F.I.R in Crime No: 8/2019 of L.Kota, P. S.

2. Attested copy of the Charge sheet in the above Crime.
3. Attested copy of the Postmortem Report.
4. Attested copy of the Inquest Report.
 16
5. Attested copy of the M. V. Report.

ADVOCATE FOR THE PETITIONERS.

IN THE HONOURABLE COURT OF THE M.A.C.T-CUM-

DISTRICT JUDGE AT VIZIANAGARAM

M.V.O.P.NO: /2019
Between:-

Smt. G. Sanyasamma and others ------ Petitioners.

And:

Sri.P. Jagga Rao, and another ------ Respondents.

AFFIDAVIT FILED UNDER ORDER 19 RULE 1 OF CIVIL PROCEDURE

CODE.

1. I, Gopisetti Sanyasamm, W/o late Thrimurthulu, Hindu, aged about 63

years, House wife, R/o Mukundapuram Village, Vepada Mandal,
Vizianagaram district, do here by solemnly affirm and state on oath as
follows:-

2. I am the 1st petitioner herein and hereby well acquainted with the facts
of the case.

3. I along with other petitioners filed the MOP for grant of compensation
under section 166 of M. V. Act on account of the death of her husband
in a motor vehicle accident occurred on `29-01-2019 due to the rash
and negligent act of the 1st respondent, and the Crime was registered in
Crime No: 8/2018 of L. Kota P.S. and the main O.P may also read as
part of this affidavit to avoid reputation of facts.
 17
4. I further submit that we filed the above O. P. through our councils Sri.
M. PRABHAKARA RAO & V. DEMUDU BABU, Advocate,
Vizianagaram..

5. I further submit that no other advocates were authorized and no other

claim petition regarding the same cause of action has instituted by me
in any other Tribunal to the best of my knowledge.

Deponent.
Solemnly affirmed before me on this th day of December, 2019 at
Vizianagaram.

Advocate (AO)

IN THE HONONOURABLE DISTRICT LEGAL SERVICE

AUTHARITY [MACT] AT VIZIANAGARAM.

P.L.C. NO: /2019

Between:
Smt. Abothula Lakshmi -------- Petitioner

And:
Sri. Nambaru Ganesh ----- Respondent

AFFIDAVIT FILED UNDER ORDER 19 RULE 1 OF CIVIL PROCEDURE

CODE.

1. I, Abothula Lakshmi w/o late Gurumurthy, aged 42 years, Hindu, Coli

work, residing at Pedavemali Village, Gantyada Mandal, Vizianagaram
district, do here by solemnly affirm and state on oath as follows:-

2. I am the petitioner herein and hereby well acquainted with the facts
of the case.

3. I along with other petitioners filed the MOP for grant of

compensation under section 166 of M. V. Act on account of injuries
sustained by me in a motor vehicle accident occurred on 29-04-2019
due to the rash and negligent act of the respondent, and the Crime
was registered in Crime No: 74/2019 of Gantyada P.S. and the main
O.P may also read as part of this affidavit to avoid reputation of facts.

4. I further submit that we filed the above O. P. through our councils Sri.
V. DEMUDU BABU, Advocate, Vizianagaram..
 18
5. I further submit that no other advocates were authorized and no
other claim petition regarding the same cause of action has instituted
by me in any other Tribunal to the best of my knowledge.

Deponent.
Solemnly affirmed before me on this th day of December, 2019 at
Vizianagaram.

Advocate (AO)

IN THE HONONOURABLE DISTRICT LEGAL SERVICE AUTHARITY

[MACT] AT VIZIANAGARAM.

P.L.C. NO: /2019

Between:
Smt. Abothula Lakshmi -------- Petitioner

And:
Sri. Nambaru Ganesh ----- Respondent

PETITION FILED UNDER SECTION 20 OF DISTRICT LEGAL SERVICE

AUTHORITY ACT.

PETITION FILED UNDER SECTION 166 OF MOTOR VEHICLE ACT, R/W RULE
455 OF MOTOR VEHICLE RULES 1989 AND AMENDED ACT 54/94.

I. THE PETITIONER IS:

Smt. Abothula Lakshmi w/o late Gurumurthy, aged 42 years, Hindu, Coli work,
residing at Pedavemali Village, Gantyada Mandal, Vizianagaram district.

The address of the petitioner for the purpose of all notices and process is as
stated above and care of her advocate Sri. V. DEMUDU BABU, Vizianagaram.

II. THE RESPONDENTS IS:

Sri. Nambaru Ganesh S/o late Demudu, aged 32 years, Hindu, driver-cum-
owner of Motor cycle bearing No: AP 35 AN 0422, residing at Gollalapalem
village, Kothavalsa Mandal, Vizianagaram district.

The address of the respondent for the purpose of service of all notices and
process is as stated above.
 19
III. PARTICULARS OF THE PETITION:-
The details are furnished below in the form of C.I.D. i.e., the form of
application for grant of Compensation under Section 166 of Motor Vehicle Act,
R/W Rule 455 of Motor Vehicle Rules, 1989 and Amended Act, 54/94.

I, Abothula Lakshmi w/o late Gurumurthy, aged 42 years, Hindu, Coli work,
residing at Pedavemali Village, Gantyada Mandal, Vizianagaram district,do
hereby apply for grant of compensation on account of injuries caused to me in a
Motor Vehicle Accident.

Necessary particulars in respect of the Vehicle, date of Accident etc., are

given below:-
1. Name& Father’s Name of the Injured: Abothula Lakshmi w/o late
Gurumurthy.

2. Full address of the person Injured.: Abothula Lakshmi w/o late Gurumurthy,
R/o Pedavemali Village, Gantyada Mandal,
Vizianagaram district.

3. Age of the person Injured : 42 years.

4. Occupation of the person Injured : Coli work

5. Name and address of the Employer of.: ----No---

the person Injured.

6. Monthly income of the person Injured : Rs. 6,000/- Per Month.

7. Does the person Injured pay income tax: --No--

8. Place, date and time of accident. : dt. 29-04-2019 at about 17-30 hours,
Near Ramavaram village, Gantyada
Mandal.

9. Name and address of the Police : The S.H.O, Gantyada P. S. registered

Station in whose jurisdiction the a Crime 74/2019 U/Sec.338 of I.P.C
accident occurred : & U/S 181, 196 M.V. Act.

10. Was the person in respect of whom :

compensation is claimed traveling in: Third party accident.
the Vehicle if so give the name and :
starting of journey and destination.

11. Nature of Injuries sustained and : Grievous injury on her all over body
continuing effect if any of the Injuries:

12. Name and address of the Medical Officer: Dr. K. Swapna, {C.A.S }
who attended on the Person Injured. : District Hospital, Vizianagaram.

13. Nature and period of treatment and : Described in Col. No. 25th, 26th
expenditure if any incurred thereon. of the Petition.
 20
14. Disability of work if any caused. : Permanent disability as described
in
column No:26 of the petition,

15. Registration Number and type of. : : Motor cycle No: AP 35 AN 0422,
the Vehicle involved in the accident :

16. Name and address of the Owner : N. Ganesh S/o late Demudu, R/o
Gollalapalem Village, Kothavalsa,
Mandal, Vizianagaram district.

17. Name and address of the insurer :

of the Vehicle. No

18. Has any claim separately lodged : No.

with the Owner/Insurer.

19. Whether the person Injured has : No.

preferred claim for damages in any
road accident on earlier occasion.

20. where the person injured preferred: No.

a claim for damages if any earlier

21. Whether he is related to or known : No.

to the respondents if so how:

22. Name and address of the Applicant:- Abothula Lakshmi w/o late Gurumurthy,
R/o Pedavemali Village, Gantyada Mandal,
Vizianagaram district.

23. Relationship with the person Injured: Petitioner himself injured.

24. Title to the property of the person Injured: Does not arise.

25. AMOUNT OF COMPENSATION CLAIMED

SPECIAL DAMAGES:
Compensation for Medicines, and extra nourishments: Rs. 50, 000 - 00
GENERAL DAMAGES:
Compensation for pain and suffering Rs. 50, 000 - 00
Compensation for loss of earning power
and continuing disability. Rs. 1, 00, 000 - 00

---------------------
Total (Rupees two lakhs only) Rs. 2, 00, 000 –
00
--------------------
-
26. Any other information that may be necessary or helpful in the disposal of the
claims: -
a) It is submitted that the accident took place at Near Ramavaram Village,
Gantyada Mandal, Vizianagaram district, is within the jurisdiction of this
 21
Honourable Court. Hence this claim is maintainable under section 166 of M.V.
Act. There is no stipulated time for filing claim application as per the amended
Act (Act 54 of 1994) hence the claim is in time.

b) It is submitted the petitioner is doing coli work and on 29-04-2019 evening

at about 17-30 hours the petitioner boarded on auto along with other passengers to
proceeding from S.Kota to Vizianagaram direction and the said auto reached at
Ramavaram Junction, near Anjineya temple, the petitioner and others are get
down from the auto, in the meanwhile the respondent the driver/owner of motor
cycle bearing No; AP 35 AN 0422 pulsar bike coming from back side of the auto
on same direction in a rash and negligent manner with high speed and with our
blowing horn and dashed the petitioner who was walking on the road, as a result
of which, the petitioner fell down on the road and received bleeding injuries on
her right knee, left side of the head and abrasion on left solder, Immediately the
petitioner was shifted to the District. Head Quarters Hospital, Vizianagaram
through 108 Ambulance, where the doctor was conducted operation and treated
there for a period of 25 days and thereby she spent huge amounts for treatment
and extra nourishment. She suffered a lot of pain at the time of accident and
during the course of treatment. After he discharged from hospital she took bed rest
for a period of six months on the advice of the doctors. she lost her earning due to
the injuries caused to her in the above said accident.
c) It is submitted that the accident occurred only due to rash and negligent
driving of the respondent and who drive the crime motor cycle and he has taken
minimum care in driving his motor cycle, the accident would not have been taken
place.

d) The respondent is the driver-cum-owner of the crime vehicle and thre is no

insurance to the crime vehicle and as such the respondent is only liable to pay the
compensation to the petitioner as claimed.

e) It is submitted that the Station House Officer, Gantyada P. S, registered a

case in Crime No: 74 / 2019 for the offence Under Sections 338 of I.P.C.& U/S
181,196 of M.V.Act, against the respondent.

f) The petitioner is aged about 42 years and she was hale and healthy prior to
the accident. she used to earn Rs.6,000/- Per Month by doing coli work, Now the
petitioner is not able to do any work in normal course of duties due to the injuries
sustained in the said accident, Hence the petitioner is claiming in all Rs:
2,00,000-00 towards compensation.
IV. A Court fee is exempted under DLSA Act. as it is PLC.

V. The Petitioner therefore, prays that the Honourable Court may be pleased to
pass an award in favour of the petitioner and against the respondent to pay

a] an amount of Rs. 2,00,000/- (Rupees two lakhs only) towards

compensation.

b] interest @ 18% per annum from the date of the petition till the date of
realization of the claim amount.
c] costs of the petition, and
 22
d] grant such other relief or reliefs as the Honourable Court deems fit under
the circumstances of the case, in the interest of justice.

ADVOCATE FOR THE PETITIONER PETITIONER.

I, the petitioner herein do hereby declare that the facts and information
stated in the above paragraphs are all true and correct to the best of my knowledge
and belief.

PETITIONER.
LIST OF DOCUMENTS

1. Attested Copy the F. I. R in Crime No: 74/ 2019 of Gantyada P. S.

2. Attested Copy of the Charge sheet in the above Crime.
3. Attested Copy of the wound certificate.
4. Attested Copy of the M. V. Report.

ADVOCATE FOR THE PETITIONER.

IN THE HON’BLE COURT OF THE M.A.C.T – CUM – PRINCIPAL

DISTRICT JUDGE AT VIZIANAGARAM.

M.V.O.P.NO: /2020
Between:-

Sri. Edubilli Krishna ---------- Petitioner

And:
Sri. G. Jagadeesh Kumar and others ----- Respondents.

AFFIDAVIT FILED UNDER ORDER 19 RULE 1 OF CIVIL PROCEDURE CODE

BY THE PETITIONER.

1. I, Edubilli Krishna S/o Ramu Naidu, aged 52 years, Hindu, residing at

Gollupalem Village, Edubilli Bondapalli Mandal, Vizianagara district, present at
Vizianagara, do here by solemnly affirm and state on oath as follows:-

6. I am the petitioner herein and hereby well acquainted with the facts of
the case.

7. I filed the MOP for grant of compensation under section 166 of M. V. Act
on account of injuries sustained by me in a motor vehicle accident occurred on
30-11-2019 due to the rash and negligent act of the 1st respondent and the
Crime was registered in Crime No: 246/2019 of Traffic P.S. Vizianagaram and
the main O.P may also read as part of this affidavit to avoid reputation of facts.
 23

8. I further submit that I filed the above O. P. through my council, Sri. V.

DEMUDU BABU, Advocate, Vizianagaram..

9. I further submit that no other advocates were authorized and no other

claim petitions are filed by me with regarding to the same cause of action in
any other Tribunal, to the best of my knowledge.

Deponent.
Solemnly affirmed before me on this th day of February, 2020 at
Vizianagaram.

Advocate (AO)

IN THE HON’BLE COURT OF THE M.A.C.T – CUM – PRL. DISTRICT

JUDGE AT VIZIANAGARAM.

M.V.O.P.NO: /2020
Between:
Sri. Edubilli Krishna --------- Petitioner
And:
1. G. Jagadeesh Kumar
2. G. Ramulamma
3. United India Insurance Co. Ltd. Rept. by its
Divisional Manager, Srikakulem. ----- Respondents

PETITION FILED UNDER SECTION 166 OF MOTOR VEHICLE ACT,

R/W RULE 455 OF MOTOR VEHICLE RULES 1989 AND AMENDED ACT
54/94.
I.THE PETITIONER IS:-

Sri.Edubilli Krishna S/o Ramu Naidu, aged 52 years, Hindu, LIC Agent, resident
of Gollupalem Village, Edubilli Bondapalli Mandal, Vizianagara district.

The address of the Petitioner for the purpose of all notices and process is as
stated above and care of his advocate Sri. V. DEMUDU BABU, Vizianagaram.
II. THE RESPONDENTS ARE:
10. Sri. G. Jagadeesh Kumar S/o Venkata Ramana, aged 28 years, Hindu,
driver of Car bearing No: AP 31 DW 6648, R/o Door No: 8-21, LIC colany, Sujatha
Nagar, Pendurthi, Visakhapatnam.
 24
11. Sri.G. Ramulamma w/o Venkata Ramana, aged 51 years, Hindu, Owner of
Car bearing No: AP 31 DW 6648, R/o Door No: 8-21, LIC colany, Sujatha Nagar,
Pendurthi, Visakhapatnam.

12. United India Insurance Co. Ltd. Rept. by its Divisional Manager, Divisional
Office, Srikakulem, (Policy No: 1501013119P101698849) Valid from Dt: 06-05-
2019 to 05-05-2020).

The address of the respondents for the purpose of service of all notices and
process is as stated above.
III. PARTICULARS OF THE PETITION:-

The details are furnished below in the form of C.I.D. i.e., the form of
application for grant of Compensation under Section 166 of Motor Vehicle Act,
R/W Rule 455 of Motor Vehicle Rules, 1989 and Amended Act, 54/94.

I, Edubilli Krishna S/o Ramu Naidu, aged 52 years, Hindu, residing at

Gollupalem village, Bondapalli Mandal, Vizianagara district, do hereby apply for
grant of compensation on account of injuries caused to me in a Motor Vehicle
Accident.
Necessary particulars in respect of the Vehicle, date of Accident etc., are given
below:-
1. Name& Father’s Name of the Injured: Edubilli Krishna S/o Ramu Naidu.

2. Full address of the person Injured : Edubilli Krishna S/o Ramu Naidu, aged
52 years, Hindu, R/o Gollupalem,village,
Bondapalli Mandal, Vizianagara district

3. Age of the person Injured : 52 years.

4. Occupation of the person Injured : L I.C Agent.

5. Name and address of the Employer of. : ----No---

the person Injured.
6. Monthly income of the person Injured : Rs. 10,000/- Per Month.

7. Does the person Injured pay income tax : -- No---

8. Place, date and time of accident. : dt. 30-11-2019 at about 10-35 hours,
Simhachalem meda Jn, Vizianagaram,

9. Name and address of the Police : The S.H.O, Traffic P. S.

Station in whose jurisdiction the registered a Crime U/Sec 338
accident occurred : of I.P.C in Cr.No.246 / 2019,

10. Was the person in respect of whom :

compensation is claimed traveling in : Third party accident.
the Vehicle if so give the name and :
starting of journey and destination.

11. Nature of Injuries sustained and : Grievous injury on his leg,

continuing effect if any of the Injuries:
 25
12. Name and address of the Medical Officer: Dr. B.Kiran Kumar, Sri Sai
who attended on the Person Injured. : Superspeciality Hospital,VZM.

13. Nature and period of treatment and : Described in Col. No. 25th, 26th
expenditure if any incurred thereon. of the Petition.

14. Disability of work if any caused. : Permanent disability as described in

Colomn No:26 of the petition,

15. Registration Number and type of. : Car bearing No: AP 31DW 6648
the Vehicle involved in the accident

16. Name and address of the Owner :G. Ramulamma w/o Venkataramana
:Owner of Car bearing No: AP 31 DW
; 6648, R/o Door No: 8-21, LIC colany
SujathaNagar,Pendurthi,Visakhapatnam

17. Name and address of the insurer :United India Insurence Co.Ltd. Rep. by
of the Vehicle. Its Divisional Manager, SKLM.

18. Has any claim separately lodged : No.

with the Owner/Insurer.
19. Whether the person Injured has : No.
preferred claim for damages in any
road accident in erliar occation :

20. where the person injured preferred: No.

a claim for damages if any earlier

21. Whether he is related to or known : No.

to the respondents if so how:

22. Name and address of the Applicant: Edubilli Krishna S/o Ramu Naidu,age
52 years, Hindu, R/o Gollupalem,village,
Bondapalli Mandal, Vizianagara district

23. Relationship with the person Injured: Petitioner him self injured.

24. Title to the property of the person Injured: Does not arise.

25. AMOUNT OF COMPENSATION CLAIMED

SPECIAL DAMAGES:
Compensation for Medicines, and extra nourishments: Rs. 70, 000 - 00
GENERAL DAMAGES:
Compensation for pain and suffering Rs. 30, 000 - 00
Compensation for loss of earning power
and continuing disability. Rs. 2,00, 000 - 00
---------------------
Total (Rupees three lakhs only) Rs. 3, 00, 000 – 00
---------------------
26. Any other information that may be necessary or helpful in the disposal of the
claims: -
a) It is submitted that the accident took place at BT road at Simhachalem meda
Ju, Vizianagaram, is within the jurisdiction of this Honourable Court. Hence this
claim is maintainable under section 166 of M.V. Act. There is no stipulated time
 26
for filing claim application as per the amended Act (Act 54 of 1994) hence the
claim is in time.

b) It is submitted the petitioner is working as LIC Agent and on 30-11-2019,

the petitioner started from his village to attend some of his work at LIC office on
his motor cycle bearing No: AP 35 AQ 2348 and went to Kota Ju to attend his
some work and started from Kota Ju and proceeding towards LIC office and at
about 10-35 hours when he reached Simhachalem meda Jn, at the same time the
driver of crime vehicle Car bearing No: AP 31 DW 6648 coming behind his motor
cycle driven by the 1st respondent in a rash and negligent manner with high speed
and dashed against the petitioner motor cycle from his rare side, as a result of it,
the petitioner fell on the road and sustained sever bleeding injury on his left leg
knee and lost his conscious, the said injuries are grievous in nature. Immediately
his Co--LIC Agent following the petitioner and sifted him to Sri Sai Super
Specialty Hospitel, Vizianagaram in an Auto and admitted him for treatment,
where the doctors were conducted operations and treated there for a period of 15
days and there by he spent huge amounts for treatment and extra nourishment. He
suffered a lot of pain at the time of accident and during the course of treatment.
After he discharged from hospital he took bed rest for a period of six months on
the advice of the doctors. He lost his earning due to the injuries caused to him in
the above said accident.

c) It is submitted that the accident occurred only due to rash and negligent
driving of the 1st respondent driver of the crime vehicle, and had he taken
minimum care in driving the vehicle, the accident would not have been taken
place.
d) The 1st respondent is the driver, the 2 nd respondent is the owner of the crime
vehicle who insured the vehicle with the 3rd respondent insurance company; the 3rd
respondent is the insurance company, and as such all the respondents are jointly
and severally liable to pay the compensation to the petitioner as claimed.

e) It is submitted that the Station House Officer, Traffic P. S, Vizianagaram

registered a case in Crime No: 246/2019 for the offence Under Sections 338 of
I.P.C.
f) The petitioner is aged about 52 years and he was hale and healthy prior to
the accident. He used to earn Rs.10,000/- Per Month by working as LIC Agent,
Now the petitioner is not able to do any work in normal course of duties, due to
the injuries sustained in the said accident, Hence the petitioner is claiming in all
Rs: 3,00,000-00 towards compensation.

IV. A Court fee of Rs: 2,360/- (Rupees two thousand three hundead and sixty
only) is paid under Rule 475 of Motor Vehicle Rules.

V. The Petitioner therefore, prays that the Honourable Court may be pleased to
pass an award in favour of the petitioner and against the respondents to pay

a] an amount of Rs. 2,00,000/- (Rupees two lakhs only) towards

compensation.

b] Interest @ 18% per annum from the date of the petition till the date of
 27
realization of the claim amount.

c] Costs of the petition, and

d] To Grant such other relief or reliefs as the Honourable Court deems fit
under the circumstances of the case, in the interest of justice.

ADVOCATE FOR THE PETITIONER PETITIONER.

I, the petitioner herein do hereby declare that the facts and on information
stated by me in the above paragraphs are all true and correct to the best of my
knowledge and belief.

PETITIONER.
LIST OF DOCUMENTS
1. Certified Copy F. I. R in Crime No: 246/ 2019 of Traffic P. S.Vizianagaram.
2. Certified copy of Charge sheet in the above Crime.
3. Certified Copy of Wound certificate of the petitioner.
4. Certified Copy of M. V. Report.

ADVOCATE FOR THE PETITIONER.

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE

AT VIZIANAGARAM
O.S.NO: /2018
Between:-
Sri. Korada Appala Naidu @ Appanna ------ Plaintiff

And:-
Sri. Korada Narayana Rao ---- Defendant

PLAINT FILED UNDER ORDER VII RULE I & SECTION 26 OF CIVIL

PROCEDURE CODE BY THE ABOVE NAMED PLAINTIFF.
I. THE PLAINTIFF IS:-

Sri. Korada Appala Naidu @ Appanna S/o late Appala Swamy, Hindu aged
about 50 years, cultivation, resident of Narava Village, Ganyada Mandal,
Vizianagaram district.

The address of the plaintiff is for the purpose of service of all notices, etc,
is as stated above and cares of her Advocate Sri V. DEMUDU BABU,
Vizianagaram.
II. THE DEFENDANTS IS-

Sri. Korada Narayana Rao S/o late Appala Swamy, Hindu aged about 50
years, cultivation, resident of Narava Village, Ganyada Mandal, Vizianagaram
district, present at Kilasapuram, Visakhapatnam.
 28

The address of the defendant for the purpose of service of all notices etc,
are as stated above.
III PARTICULARS OF THE PLAINT:-

a). The plaintiff submits that the plaintiff and the defendant and one
Suryanaraya are the children of Korada Appalaswamy and Sanyasammm, and
during the life time of their parents all the members are constituted a Hindu
joint family of Mithakshra school of Hindu law and the father of the plaintiff
and defendant by name Korada Appalaswamy died long back leaving behind
him his wife Korada Narayanamma, the plaintiff, the defendant and one
Suryanarayana are his class 1 legal heirs for his entire estate. It is further
submit that during the life time of the said Korada Appalaswamy, he
succeeded the plaint schedule landed properties from his ancestors along with
other properties. The plaintiffs further submit that during the life time of the
father of the plaintiff and defendant being Karta of the joint family he used to
mange plaint schedule properties.

b) It is further submit that during life time of their father Korada

Appalaswamy, the plaintiff, the defendant and their elder brother Suryanaraya
were partitioned all the properties except the plaint schedule properties which
are spent for the maintenance of their mother Sanyasamma and their
handicapped sister Laksmi till their death, after r the death of the said Korada
Appalaswamy, the Revenue authorities have issued the pattadar pass book
and title deed books in his name, who is being an elder member in the joint
family on behalf of all the joint family members in respect of the plaint
schedule properties. It is further submit that the said Korada Narayana Rao
died twenty years back leaving behind him the plaintiff and defendant herein
for her estate in the joint family properties.

c) It is further submit that after the death of both the parents of the
plaintiff and defendant the plaint schedule properties are in joint possession
and enjoyment of both parties to the suit. It is further submits that recently
the defendant is acting detrimental to the rights of the plaintiff in the plaint
schedule properties and as such the plaintiff is not willing to keep the
properties in joint.
d) Therefore the plaintiff raised a dispute before the village elders and
demanded for partition of the plaint schedule properties, but vain. Hence the
plaintiff got issued a lawyer’s notice dated 26-12-2017 to the defendant
requesting the him to partition the plaint schedule properties and the
defendant received the same Therefore the plaintiff filed the above suit for
partition of the plaint schedule properties and for other relief’s as prayed for in
Para VI of the plaint.

IV. The cause of action for the suit arose on when the father of the
plaintiff and defendant died long back leaving his entire estate including the
plaint schedule properties which are in joint possession and enjoyment of both
the parties to the suit and subsequently, when the plaintiff raised a dispute
before the elders and demanded for partition of the plaint schedule properties
before elders including the lawyer’s notice dated 26-12-2017, and when the
defendant refused to receive the same, and on all the subsequent dates of
demand for partition of the plaint schedule properties and refused by the
defendant and at Narava village, Gantyada Mandal, where the plaint schedule
properties are situated within the jurisdiction of this Honourable court.

V. The Value of the suit for the purpose of court fee and jurisdiction is as
follows :-
The value of the plaint schedule wet lands as per
Basic value Register the value of one cent of wet land
is Rs: 12,000/-, the total cost of Ac.0-56 cents is Rs: 6,72,000-00
--------------------------
Total market value of schedule lands Rs: 6,72,000-00
---------------------------
 29
The Value of the plaintiff’s half share comes to Rs: 3,36,00-00, and ¾ th
market value of it comes to Rs: 2,52,000-00 and a court fee payable of Rs.5,026
/- since the plaintiff and defendant are in joint possession and enjoyment and
as the suit is filed for partition and separate possession of the plaintiff’s half
share in the plaint schedule properties and hence a fixed court fee of Rs. 200-00
( Rupees two hundred only) is paid here with under section 34(2) of A. P.C.F
and Suit valuation Act.

VI. The plaintiff therefore, prays that the Honorable court may be pleased to
pass a preliminary decree in favour of the plaintiff and directing the defendant;

a) to partition of the plaint schedule properties in to two equal shares by

metes and bounds and to allot one such share to the plaintiff and put the same
in to his separate possession.
b) to pay the costs of the suit and
c) to grant such other or further relief’s as the Honourable court deems fit
and proper under the circumstances of the case, in the interests of justice.

Advocate for the Plaintiff, Plaintiff.

The contents of the above plaint are true and correct to the best of my
knowledge and belief and on information, and that I have signed the same on
this day of June, 2018, at Vizianagaram.
Vizianagaram,
Dt. -06-2014. Plaintiff.
LIST OF DOCCUMENTS.
SL. No. Date, Description of Document, Remarks.
1. Pattadar pass book & Title deed book in the name of the
Defendant, issued by the Tahsildar, Gantyada. -- Xerox copy.
2. 26-06-2018- Registered lawyers notice issued
by the plaintiff to the defendant. --- Office Copy.
3. 30-06-2018 Postal returned cover ----- Original.
4. 22-05-2018 Market value certificates ( 2 ) ----- Original.

Advocate for the Plaintiff.

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE

AT VIZIANAGARAM

O.S.NO: /2018
Between:-
Sri. Korada Appala Naidu @ Appanna ------ Plaintiff

And:-
Sri. Korada Narayana Rao ---- Defendant

VALUATION OF THE PROPERTY UNDER SECTION.10 OF A.P.C.F & S. V ACT:

1. Serial No. of Items of immovable : Total 3 items in both wet and dry lands
Properties :

2. Registration District & Sub District : Vizianagaram District.

and Sub Disrict.

3. Taluk & Village where the properties : Narava Village,

are situated : Gantyada Mandal,

4. Survey No. Sub Division Nos : Schedule S. No; 16/18, 18/31, and 2/ 31,

5. Extents : Schedule extent Ac.0-28 cents of wet land.

 30
: and to an extent of A: 0-28 cents of dry land

6. Class of land Wet or dry : Both Wet and Dry lands

7: Rental value of the land : Nil –

8. Present market value : Total extent of Ac. 0-56 cents of both wet
and dry lands at the rate of per cent
at Rs. 12,000/-

9. Value for purpose of court fee and : Value of the plaintiff ½ share comes
Juridection with the provisions : Rs.3,36,000/- as per the ¾ of the market
of law under which it is valued : value of it Rs.2,52,750/- and C. F. of Rs.
5,026/- payable since the suit is filed for
partition of the joint family properties and
fixed court fee of RS.2,00/- is paid here
with
U/S 34(2)of A P C F & S.V. Act.

10. Remarks : ---- Nil—

ADVOCATE FOR PLAINTIFF PLAINTIFF

I the above named plaintiff do here by declare that the above particulars are
all true to the best of my knowledge, belief and information.

PLAINTIFF

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE

AT VIZIANAGARAM

O.S.NO: /2018
Between:-
Sri. Korada Appala Naidu @ Appanna ------ Plaintiff

And:-
Sri. Korada Narayana Rao ---- Defendant

AFFIDAVIT FILED BY THE PLAINTIFF UNDER ORDER 19 RULE 1 OF C.P.C,

1. I Routhu Ramanamma w/o Surya Rao, D/o late Appa Rao, Hindu aged
about 50 years, household duties, resident of Kothapeta, Eluru, East Godavari
district, present at Vizianagaram,do here by solemnly affirm and state on oath
as follows :-

1). I submit that I am the plaintiff in the above suit. I know all the facts of
the case, and I filed the above suit against the defendant for partition of the
plaint schedule properties.

2). I submit that the defendant is my brother and we are the children of
Korada Appalaswamy and Korada Sanyasamma, and during the life time of
 31
our parents we are constituted a Hindu joint family of Mithakshra school of
Hindu law and our father name Korada Appalaswamy died twenty years back
leaving behind him myself and the defendant herein as his class 1 legal heirs
for his entire estate. It is further submit that during the life time of the said
Korada Appalaswamy succeeded the plaint schedule landed properties from
his ancestors, and during his life time being Karta of the joint family he used
to mange plaint schedule properties.

3) I further submit that after the death of the said Korada Appalaswamy,
the Revenue authorities have issued the pattadar pass book and title deed
books in the name of our father who is being an elder member in the joint
family on behalf of all the joint family members in respect of the plaint
schedule properties. It is further submitted that the said Korada Appalaswamy
leaving behind me and the defendant as her class-1 legal heirs for her estate
in the joint family properties.

4) I further submit that after the death of our parents I and defendant
have been in joint possession and enjoyment of the plaint schedule properties
I further submit that recently the defendant is acting detrimental to my rights
in the plaint schedule properties and as such I am willing to keep the
properties in joint. I further submit that I raised dispute before the elders and
demanded for partition of the plaint schedule properties, but vain. Hence I got
issued a lawyer’s notice dated 26-12-2017 to the defendant requesting the him
to partition the plaint schedule properties and the defendant did not received
the same and the said notice is returned with postal remarks “NOT
CLAIMED.” Therefore, I filed the above suit for partition of the plaint schedule
properties and for other relief’s as prayed for in Para VI of the plaint.

5) Therefore I pray that the Honourable court may be pleased to divide the
plaint schedule properties in to five equal shares and allot one such share to
me and to grant mean profits for the last two years and direct the defendants
to pay the same to me along with costs of the suit in the interests of justice.

Deponent.
Solemnly affirmed before me on this 4th day of April, 2018, at Vizianagaram.

Advocate/A.O

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE

AT VIZIANAGARAM

O.S.NO: /2018
Between:-

Sri. Korada Appala Naidu @ Appanna ------ Plaintiff

And:-
Sri. Korada Narayana Rao ---- Defendant

PLAINT SCHEDULE FILED BY THE PLAINTIFF

District:- Vizianagaram, Mandal:_ Gantyada,

Sub Division:- Vizianagaram, Village:- Narava
Item No:1:-Wet land comprised in S. No: 16/18 to an extent of Ac.0-20 cents
is known as Kamasalmadi, Bounded by:-

East:- Wet land of Korada Sanyasappadu,

South :- Wet land of Sunkara Satyam,
 32
West:- Wet land of Sunkara Chimidi,
North:- Wet land of Korada Sanyasappadu
Market value of Rs: 2,40,000/-

Item No: 2:- Wet land comprised in S. No: 18/31 to an extent of Ac.0.08 cents is
Known as Oota madi Bounded by:-

East:- Wet land of Snkara Krishna

South :- Wet land of Routhu Sanyasappadu,
West:- Wet land of Korada Sanyasappadu,
North:- Wet land of Pinninti Appalaswamy,
Market value of Rs: 96,000/-

Item No:3:- Dry land comprised in S. No: 2/31 in an extent of Ac.0.28 cents.
is known as Vepamanu guddu Bounded by:-

East:- Dry land of Boda Musali Naidu

South :- Dry land of Boda Atchuta Rao,
West:- Gedda
North:- Dry land of Sunkari Simhachalem,
Market value of Rs: 3,36,000/-

Advocate for the plaintiff, Plaintiff

The above particulars are true and correct to the best his knowledge and
belief and signed the same on -06-2018, at Vizianagaram.

Plaintiff

IN THE HONOURBLE COURT OF THE IIIrd ADDITIONAL DISTRICT

JUDGE- FAMILY COURT AT VIZIANAGARAM

F.C.M.C NO: 54 /2016,

Between:-
Smt. Reyyi Pooja ----- Petitioner

AND:-
Sri. Reyyi Sudeer Kumar ----- Respondent

AFFIDAVIT FILED BY THE PETITIONER UNDER ORDER 19 RULE 1

OF C. P. C.

1) I, Terapalli Sandhyavathi w//o Venkata Rao, Hindu, aged about 42 years,

R/o L. B. Colony, Cantonment, Vizianagaram, do here by solemnly affirm and
state as follows:-
 33
2) I submit that I am the mother of the petitioner. I know all the facts of the
case; my daughter filed the above petition against the respondent for grant of
maintenance.

3) I submit that the daughter’s marriage with the respondent was performed on
10-05-2015 as per the Hindu rights and cast custom and Rites at Varma residency
in Srikakulam Town and district. I submit that as per the demand made by the
respondent and his parents, myself and my husband presented dowry of
Rs:5,50,000/- and gold articles weighing about two thulas ( one bracelet and ring)
in the presence of the elders, I submit that immediately after marriage, the mother
of the respondent by name Sugunavathi quarreled with us stating that the dowry
and presentations given by us are not enough and at that time the elders intervened
in to the matter and then, my daughter joined with the respondent at his house at
Srikakulem and nuptials were conducted on the next day of the marriage and their
marriage was consummated.

4) I further submit that the first day of the marriage itself, the respondent and
his family starting harassing my daughter for additional dowry, both physically
and mentally by using vulgar language which can not be described even. I further
submit that the respondent used to say that he married my daughter only because
my husband working in Railways, though the respondent is not having any liking
towards my daughter and he used to bet daily for which the other family members
used to support the respondent and they are also used to scold and bet my
daughter for additional dowry. I further submit that the respondent wantonly
picked up a quarrel with my daughter stating that if she wants to live with him, the
dowry given by us is not sufficient and asked her to bring additional dowry by
asking me and my husband or otherwise, stating so, the respondent dropped my
daughter in my house at vizianagaram, then my daughter narrated the entire
incidents to me and my husband and in turn I and my husband questioned the
mother of the respondent over phone, for which the family of the respondent
replied that they will not allow my daughter to join with the respondent and they
will not put a break up to their marital tie and also threatened with dire
consequences .

5). I submit that on 04-07-2015 the respondent along with his family members
and some others persons approached Sri Muddada Chandra Sakhar, who is
councilor stating that they want perform settlement with my daughter and then on
information myself and my family members went to the house of the councilor. I
further submit that immediately after seeing my daughter the respondent started
abusing her in vulgar language with a loud voice stating that he dose not like my
daughter, so that he will give divorce and he will not take her to his house. In the
mean while the counselor intervened stating that they specify the issue amicably
by sitting on another day, and that when they are leaving the place and in the
meanwhile the mother of the respondent suddenly stood up and started abusing
my daughter and family members in loud voice stating that she will kill my family
members and asked the respondent to take the knife which is available in her bag
and then the respondent removed the knife gave it to his mother stating that to kill
my daughter and he would see if anything happens and then the mother of the
respondent tried to kill my daughter by attacking with knife and in the meanwhile
my son intervened and tried to save my daughter and while saving her, my son
received bleeding injuries on his hand and chest with knife. I further submit that
immediately we have approached the women P.S. Vizianagaram and report the
matter and after words the police conducted counseling and then finally registered
a case in crime No; 40/2015 for the offences under section 498-A, 324, and 506 of
 34
I.P.C. against the respondent and his family and the said case is pending before
the A.J.F.C.M. Vizianagaram in C.C. No; 1080/2015.

6). I submit that we waited till today with pond hope that the respondent will
change his attitude one day or other and take back my daughter to his house but all
our hopes turned turtle.

7). I submit that my daughter is legally wedded wife of the respondent and the
respondent is bound to maintain my daughter, but the respondent neglected her
and refused to provide food, raiment and shelter. I further submit that my daughter
is unable to maintain herself and she is eking out her livelihood at the mercy of
my family and that being a dutiful husband, the respondent is bound to provide
separate maintenance to my daughter. I further submit that the respondent is
working as Tax Assistant in Income Tax Department and drawing salary of Rs;
50,000/- per month, besides he is having both movable and immovable properties.
I submit that keeping in view of the status and income of the respondent, it is
require Rs; 25,000/- for the maintenance of my daughter in these hard days.

8). I submit that the respondent intentionally refused, neglected and deserted
my daughter to her fate in order to avoid her society and to harass her only.

9). I submit that in view of the status and income of the respondent, it is very
essential to grant of Rs; 25,000/- for the maintenance of my daughter in these hard
days.

10). I submit that the above said facts are true and correct to the best of my
knowledge.

DEPONENT,
Solemnly affirmed before me on this 23rd day of May, 2018 at
Vizianagaram.

Advocate.

V. DEMUDUBABU M.A, B.L,. Mobile No: 94402 37075,

ADVOCATE, R/o H.No:218, M.I.G. 11, Phase. 111.
VUDA COLONY, CANTONMENT,
VIZIANAGARAM - 535 003,
==================================================
Date:-04-04-2018.
T0,
1. Smt. Gangupalli Lalitha
S/o late Narayana,
R/o Gandhi Nagar, V. T. Agraharam,
Vizianagaram Municipality/Town.

2. Kum. Gangupalli Durga Bhavani

D/o late Narayana,
R/o Gandhi Nagar, V. T. Agraharam,
Vizianagaram Municipality/Town.

REGISTERED LAWYER’S NOTICE.

 35
1. Under instructions from my client Sri. Raghumanda Srinivasa Rao S/o
Kannam Naidu, resident of Gantyada Village/Mandal. Vizianagaram district, I
issue the following notice as under.

2. That on 01-09-2016 ( First, September, two thousand sixteen) both of you

along with Gangupalli Narayana s/o late Ramaswamy who was the husband of the
1st of you and father of the 2 nd of you have jointly borrowed an amount of Rs:
1,00,000-00 (Rupees one lakh only) from my client for the purpose of your
family expenditure and in evidence thereof both of you and the said Gangupalli
Narayana have jointly executed a promissory note in favour of my client on the
same day, agreeing to repay the same together with subsequent interest thereon @
24 % p.a. on demand, either to my client or to his order.

3. Subsequently the said Gangupalli Narayana who was the 1 st executent was
died at about 5 months back leaving behind him both of you as his class-1 legal
heirs for his entire estate and during the life time of the said Gangupalli Narayana
my client demanded him and the both of you for repayment of the said promissory
note, but you and the said Gangupalli Narayana did not repay the said amount
either towards principal or interest due to my client and postponing the same on
some pretext or the other. After the death of Gangupalli Narayana my client
demanded the both of you for repayment of the said amount due under the above
said promissory note, but you did not chose to repay the said amount either
towards principal or interest due to my client and postponing the same on some
pretext or the other. My client further states that the both of you are liable to pay
the said pronote amount personally and also liable to pay the same from the estate
of the deceased Gangupalli Narayana as his class-1 legal heirs.

4. This is therefore both of you are hereby called upon to pay the said amount
due under the above said promissory note to my client with in week days from the
date of receipt of this notice, failing which my client will be constrained to file a
suit against the both of you for recovery of the same, in which case both of you
will be held liable for all costs and consequences thereof.

A D V O C A T E.

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE

AT VIZIANAGARAM

O.S.NO: /2018
Between:-
Smt. Routhu Ravanamma ------ Plaintiff

And:-
Sri. Illa Nagaraju ---- Defendant,

PLAINT FILED UNDER ORDER VII RULE I & SECTION 26 OF CIVIL

PROCEDURE CODE BY THE ABOVE NAMED PLAINTIFF.

I. THE PLAINTIFF IS:-

 36

Smt. Routhu Ramanamma w/o Surya Rao, D/o late Appa Rao, Hindu aged
about 50 years, household duties, resident of Kothapeta, Eluru, East Godavari
district.

The address of the plaintiff is for the purpose of service of all notices, etc,
is as stated above and care of her Advocates Sri M. PRABHAKARA RAO & Sri V.
DEMUDU BABU, Vizianagaram.

II. THE DEFENDANTS IS-

Sri. Illa Naga Raju S/o late Appa Rao, Hindu, aged about 45 years,
cultivation, resident of Chikkala Veedhi, Lankalapallipalem Village,
Pusapatirega Mandal, Vizianagaram district.

The addresses of the defendant for the purpose of service of all notices etc,
are as stated above.
III PARTICULARS OF THE PLAINT:-

a). The plaintiff submits that she and the defendant are the children of Illa
Appa Rao and Illa Kanthamma, and during the life time of their parents all the
four members are constituted a Hindu joint family of Mithakshra school of
Hindu law and the father of the plaintiff and defendant by name Illa Appa Rao
died two years back leaving behind him his wife Illa Kanthamma, the plaintiff
and the defendant herein as his class 1 legal heirs for his entire estate. It is
further submit that during the life time of the said Illa Appa Rao, he
succeeded the plaint schedule landed properties from his ancestors. The
plaintiffs further submit that during the life time of the father of the plaintiff
and defendant being Karta of the joint family he used to mange plaint
schedule properties.

b) It is further submit that after the death of the said Illa Appa Rao, the
Revenue authorities have issued the pattadar pass book and title deed books
in the name of his wife Illa Kanthamma who is being an elder member in the
joint family on behalf of all the joint family members in respect of the plaint
schedule properties. It is further submit that the said Illa Kanthamma died on
11-10 2017 leaving behind her as her heirs the plaintiff and defendant herein
for her estate in the joint family properties.

c) It is further submit that after the death of both the parents of the
plaintiff and defendant the plaint schedule properties are in joint possession
and enjoyment of both parties to the suit. It is further submits that recently
the defendant is acting detrimental to the rights of the plaintiff in the plaint
schedule properties and as such the plaintiff is not willing to keep the
properties in joint.

d) Therefore the plaintiff raised a dispute before the village elders and
demanded for partition of the plaint schedule properties, but vain. Hence the
plaintiff got issued a lawyer’s notice dated 26-12-2017 to the defendant
requesting the him to partition the plaint schedule properties and the
defendant did not received the same and the said notice is returned with
postal remarks “NOT CLAIMED.” Therefore the plaintiff filed the above suit for
partition of the plaint schedule properties and for other relief’s as prayed for in
Para VI of the plaint.

VI. The cause of action for the suit arose on when the father of the
plaintiff and defendant died at about 2 years back leaving his entire estate
including the plaint schedule properties which are in joint possession and
enjoyment of both the parties to the suit and subsequently, when the plaintiff
raised a dispute before the elders and demanded for partition of the plaint
 37
schedule properties before elders including the lawyer’s notice dated 26-12-
2017, and when the defendant refused to receive the same, and on all the
subsequent dates of demand for partition of the plaint schedule properties and
refused by the defendant and at Govindapuram village, Pusapatirega Mandal,
where the plaint schedule properties are situated with in the jurisdiction of
this Honourable court.

VII. The Value of the suit for the purpose of court fee and jurisdiction is as
follows :-

The value of the plaint “A” schedule wet lands as per

Basic value Register the value of one cent of wet land
is Rs: 5,500/-, the total cost of Ac.0-92 cents is Rs: 5,06,000-00

The value of the plaint “B” schedule dry lands as per

Basic value Register the value of one cent of dry land
is Rs:5,500/-, the total cost of Ac. 0-16 cents is Rs: 88,000-00
--------------------------
Total market value of A & B schedule lands Rs: 5,94,000-00
---------------------------
The Value of the plaintiff’s half share comes to Rs: 2,97,00-00, and ¾ th
market value of it comes to Rs: 2,22,750-00 and a court fee payable of Rs.4,726
/- since the plaintiff and defendant are in joint possession and enjoyment and
as the suit is filed for partition and separate possession of the plaintiff’s ½
share in the plaint schedule properties and hence a fixed court fee of Rs. 200-00
( Rupees two hundred only) is paid here with under section 34(2) of A. P.C.F
and Suit valuation Act.

VI. The plaintiff therefore, prays that the Honorable court may be pleased to
pass a preliminary decree in favour of the plaintiff and directing the defendant;

a) to partition of the plaint schedule properties in to two equal shares by

metes and bounds and to allot one such share to the plaintiff and put the same
in to her separate possession.

b) to pay the costs of the suit and

b) to grant such other or further relief’s as the Honourable court deems fit
and proper under the circumstances of the case, in the interests of justice.

Advocate for the Plaintiff, Plaintiff.

The contents of the above plaint are true and correct to the best of my
knowledge and belief and on information, and that I have signed the same on
this day of April, 2018, at Vizianagaram.
Vizianagaram,
Dt. 04-04-2014. Plaintiff.

LIST OF DOCCUMENTS.

SL. No. Date, Description of Document, Remarks.

1. Pattadar pass book & Title deed book in the name of the
Illa Kanthamma, issued by the Tahsildar, Pusapatirega. -- Xerox copy.

2. 26-12-2017- Registered lawyers notice issued

by the plaintiff to the defendant. --- Office Copy.

3. 30-12-2017 Postal returned cover ----- Original.

4. 13-12-2017 Market value certificates ( 2 ) ----- Original.

 38

Advocate for the Plaintiff.

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE

AT VIZIANAGARAM

O.S.NO: /2018
Between:-
Smt. Routhu Ramanamma ------ Plaintiff

And:-
Sri. Illa Nagaraju ---- Defendant

VALUATION OF THE PROPERTY UNDER SECTION.10 OF A.P.C.F & S. V ACT:

3. Serial No. of Items of immovable : Total 5 items in both wet and dry lands
Properties :

4. Registration District & Sub District : Vizianagaram District.

Bhogapuram Sub Disrict.

3. Taluk & Village where the properties : Govindapuram Village,

 39
are situated : Bhogapuram Mandal,

4. Survey No. Sub Division Nos : Schedule S. No; 11/2,13/1,17/07,

: 17/8,and 42/ 22,

5. Extents : Schedule extent Ac.0-92 cents of wet land.

: and to an extent of A: 0-16 cents of dry land

6. Class of land Wet or dry : Both Wet and Dry lands

7: Rental value of the land : Nil –

8. Present market value : Total extent of Ac. 1-08 cents of both wet
and dry lands at the rate of per cent
at Rs. 5,500/-

10.Value for purpose of court fee and : Value of the plaintiff ½ share comes
juridection with the provisions : Rs.2,97,000/- as per the ¾ of the market
of law under which it is valued : value of it Rs.2,22,750/- and C. F. of Rs.
4,726/- payable since the suit is filed for
partition of the joint family properties and
fixed court fee of RS.2,00/- is paid here
with
U/S 34(2)of A P C F & S.V. Act.

10. Remarks : ---- Nil—

ADVOCATE FOR PLAINTIFF PLAINTIFF

I the above named plaintiff do here by declare that the above particulars are
all true to the best of my knowledge, belief and information.

PLAINTIFF

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE

AT VIZIANAGARAM

O.S.NO: /2018
Between:-
Smt. Routhu Ramanamma ------ Plaintiff

And:-
Sri. Illa Nagaraju ---- Defendant,

AFFIDAVIT FILED BY THE PLAINTIFF UNDER ORDER 19 RULE 1 OF C.P.C,

1. I Routhu Ramanamma w/o Surya Rao, D/o late Appa Rao, Hindu aged
about 50 years, household duties, resident of Kothapeta, Eluru, East Godavari
district, present at Vizianagaram,do here by solemnly affirm and state on oath
as follows :-
 40
1). I submit that I am the plaintiff in the above suit. I know all the facts of
the case, and I filed the above suit against the defendant for partition of the
plaint schedule properties.

2). I submit that the defendant is my brother and we are the children of Illa
Appa Rao and Illa Kanthamma, and during the life time of our parents we are
constituted a Hindu joint family of Mithakshra school of Hindu law and our
father name Illa Appa Rao died two years back leaving behind him his wife Illa
Kanthamma, myself and the defendant herein as his class 1 legal heirs for his
entire estate. It is further submit that during the life time of the said Illa Appa
Rao, he succeeded the plaint schedule landed properties from his ancestors,
and during his life time being Karta of the joint family he used to mange plaint
schedule properties.

b) I further submit that after the death of the said Illa Appa Rao, the
Revenue authorities have issued the pattadar pass book and title deed books
in the name of his wife Illa Kanthamma who is being an elder member in the
joint family on behalf of all the joint family members in respect of the plaint
schedule properties. It is further submit that the said Illa Kanthamma died on
11-10 2017 leaving behind me and the defendant as her class-1 legal heirs for
her estate in the joint family properties.

c) I further submit that after the death of our parents I and defendant
have been in joint possession and enjoyment of the plaint schedule properties
I further submit that recently the defendant is acting detrimental to my rights
in the plaint schedule properties and as such I am willing to keep the
properties in joint. I further submit that I raised dispute before the elders and
demanded for partition of the plaint schedule properties, but vain. Hence I got
issued a lawyer’s notice dated 26-12-2017 to the defendant requesting the him
to partition the plaint schedule properties and the defendant did not received
the same and the said notice is returned with postal remarks “NOT
CLAIMED.” Therefore, I filed the above suit for partition of the plaint schedule
properties and for other relief’s as prayed for in Para VI of the plaint.

5) Therefore I pray that the Honourable court may be pleased to divide the
plaint schedule properties in to five equal shares and allot one such share to
me and to grant mean profits for the last two years and direct the defendants
to pay the same to me along with costs of the suit in the interests of justice.

Deponent.
Solemnly affirmed before me on this 4 day of April, 2018, at Vizianagaram.
th

Advocate/A.O

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE

AT VIZIANAGARAM
O.S.NO: /2018
Between:-
Smt. Routhu Ramanamma ------ Plaintiff

And:-
Sri. Illa Nagaraju ---- Defendant,

PLAINT SCHEDULE FILED BY THE PLAINTIFF

District:- Vizianagaram, Mandal:_ Pusapatirega,

Sub Division:- Bhogapuram, Village:- Govindapuram.
Item No:1:-Wet land comprised in S. No: 11/2 to an extent of Ac.0-21 cents
is known as Gunam Cheruvumadi. Bounded by:-

East:- Wet land of Mongam Appa Rao,

South :- Wet land of Mongam Appa Rao,
 41
West:- Pedda Gunam Cheruvu Gattu,
North:- Wet land of Illa Narasinga Rao, Market value of Rs:
9,99,000/-

Item No: 2:- Wet land comprised in S. No:13/1 to an extent of Ac.0.35 cents is
Known as Pedda madi Bounded by:-

East:- Wet land of Lenkalapalli Ramana

South :- Wet land of Lenkalapalli Ramana,
West:- Wet land of Kakarla Satyannarayana,
North:- Wet land of Chikkala Pola Rao, Market value of Rs:
3,24,000/-

Item No:3:- Dry land comprised in S. No:17/7 in an extent of Ac.0.29 cents.

is known as Road voddu madi Bounded by:-

East:- Wet land of Illa Narasinga Rao,

South :- Mud Road,
West:- Wet land of Illa Narasinga Rao
North:- Wet land of Kopperla Laxmana Rao,
Market value of Rs: 5,94,000/-

Item No:4:- Wet land comprised in S. No: 17/8 in an extent of Ac.0.07 cents.
Is known as Aaku madi Bounded by:-

East:- Wet land of Mongam Govindamma,

South :- Wet land of Illa Narasinga Rao
West:- Wet land of Kopperla Laxmana Rao
North:- Wet land of Illa Narasinga Rao, Market value of Rs: 9,99,000/-

Item No: 5:- Dry land comprised in S. No: 42/22 to an extent of Ac.0.16 cents.
Bounded by:-
East:- Dry land of Majji Paparatnam,
South :- Dry land of Illa Narasinga Rao,
West:- Dry land of Mongam Appa Rao,
North:- Dry land of Illa Narasinga Rao, Market value of Rs:
1,53,000/-

Advocate for the plaintiff, Plaintiff

The above particulars are true and correct to the best his knowledge and
belief and signed the same on -04-2018, at Vizianagaram.

Plaintiff

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE

AT VIZIANAGARAM

O.S.NO: /2018
Between:-
Smt. Routhu Ramanamma ------ Plaintiff

And:-
Sri. Illa Nagaraju ---- Defendant,

AFFIDAVIT FILED BY THE PLAINTIFF UNDER ORDER 19 RULE 1 OF C.P.C,

I Vakada Atchiyyamma w/o Adinarayana, Hindu aged about 46 years,
house wife, resident of Borapeta Village, H/o Savaravilli Panchayat,
Bhogapuram Mandal, Vizianagaram district.do here by solemnly affirm and
state on oath as follows :-
 42

1). I submit that I am the plaintiff in the above suit. I know all the facts of
the case, and I filed the above suit against the defendants for partition of the
plaint schedule properties.

2). I submit that I filed the above suit for partition of the plaint schedule
properties in to five equal shares against all the defendants and out of which
the 4th defendant is minor by represented who is the son of 5 th defendant, the
4th defendant is being minor and he is in the care and custody of his natural
mother by name Bora Ramayyamma w/o late Appanna, who is the 5 th
defendant herein.

3). It is submit that there is no adverse interest in between the 4 th defendant

and 5th defendant and the 5th defendant is the best person to act as guardian
to look after the affairs in the above matter on his behalf.

4). Therefore I pray that the Honourable court may be pleased to appoient
the 5th defendant by name Bora Ramayyamma w/o late Appanna, Borapeta
Village, H/o Savaravilli Panchayat, Bhogapuram Mandal, as guardian
onbehalf of the minor 4th defendant in the above matter in the interests of
justice.

Deponent.
Solemnly affirmed before me by the deponent on this 4th day of April,
2014, Vizianagaram.

Advocate/A.O

IN THE HONORABLE COURT OF THE SENIOR CIVIL JUDGE AT

VIZIANAGARAM

I A. NO: / 2014, O.S.NO: /2014.

Between:-

Vakada Atchiyyamma w/o Adinarayana, Hindu, aged about 46 years,

house wife, resident of Borapeta Village, H/o Savaravilli Panchayat,
Bhogapuram Mandal, Vizianagaram district Smt. Vakada Atchiyyamma.
 43
------Petitioner/ Plaintiff

And:-
1. Smt. Bora Ramayyamma W/o late Peda Appalaswamy, Hindu, aged about 70
years, house wife, resident of Borapeta Village, H/o Savaravilli Panchayat,
Bhogapuram Mandal, Vizianagaram district.

2. Sri. Bora Yellayya s/o late Peda Appalaswamy, Hindu, aged about 50 years,
cultivation, rest -- do -----,

3. Patnana Rama D/o late Ramu, Hindu, aged about 18 years, rest - do-,

4. Sri. Bora Rambabu s/o late Appanna, Hindu, aged about 8 years, being
minor represented by his mother and natural guardian, Smt. Bora
Ramayyamma w/o late Appanna, who is the 5th defendant herein.

5. Smt. Bora Ramayyamma w/o late Appanna, rest --- do ---,

Smt. Bora Ramayyamma and others

-----Respondents/ Defendants,

PETITION FILED UNDER ORDER 32 RULE OF CIVIL PROCEDURE

CODE.

For the reasions stated in the accompanying affidavit the petitioner

pray that pray that the Honourable court may be pleased to appoient the 5 th
defendant by name Bora Ramayyamma w/o late Appanna, Borapeta Village,
H/o Savaravilli Panchayat, Bhogapuram Mandal, as guardian onbehalf of the
minor 4th defendant in the above matter in the interests of justice

Advocate for the petitioner/ plaintiff.

IN THE HONORABLE COURT OF THE SENIOR CIVIL JUDGE AT

VIZIANAGARAM
O.S.NO: 95 /2017
Between:-
Sri. Laveti Krishna ---------- Plaintiff
And:-
Smt. M. Yamini Poorna Thilaka ---------- Defendant

AFFIDAVIT FILED BY THE PLAINTIFF UNDER ORDER 19 RULE 1 OF

C.P.C.
1) I, Laveti Krishna S/o Appannadora, Hindu aged about 45 years, Teacher,
residing at Puritipenta Village, Gajapathinagaram Mandal, Vizianagaram
district, do here by solemnly affirm and state on oath as follows :-,
 44
2) I submit that I am the plaintiff in the above suit. I know all the facts of
the case, and I filed the above suit against the defendant for recovery of the suit
amount with subsequent interest and costs.

3) I submit that the defendant had borrowed an amount of Rs:3,00,000/-

( Rupees three lakhs only) from me on 20-07-2014 for the purpose of clearing
her sundry debts, and on the same day the defendant executed a promissory
note in my favour agreeing to repay the same together with subsequent interest
Rs: 24% p.a, either to me or to my order on demand.

4) Subsequently in spit of repeated demands made by me to the defendant

did not choose to repay the said amount either towards principal or interest due
under the above said pronote, and postponing the same pretext or the other and
I got issued a registered lawyer’s notice dated 17-02-2017 calling upon her for
repayment of the said pronote and the same was received by the defendant, but
she neither repay the said amount nor gave any reply. Hence I file this suit for
recovery of the amount due under the suit pronote.

5) I further submit that the defendant is working as Second Grade Teacher,

M.P.P. School, Sativada Village, Nellimarla Manda. Vizianagaram district, and
the defendant is going to be retired in the month of June, 2018, and ready to
receive the retirement benefits from her Garnishee, with an intention to avoid
the payment due under the decree that may be passed in the suit. I further
submit that except the petition schedule retirement benefits no other properties
were stands in her name, if the defendant succeeded in her attempts, I could
not realize the decree amount that may be passed in the suit. I hope that I will
definitely win the suit.

6) Under these circumstances, I pray the Honourable court may be pleased

to direct the defendant to furnish the security for the suit amount together with
subsequent interest and costs of the suit with in time to be fixed by the
Honourable court, failing which to attach the schedule mentioned retirement
benefits of the defendant, which are with in the hands of his Garnishee, i,.e. The
Mandal Education Officer, Nellimarla Manda, before judgment, in the interests
of justice, otherwise I will be put great and irreparable loss.

7) Therefore, I humbly pray that the Honorable court may be pleased to

direct the defendant to furnish security for the suit amount of Rs: 4,92,000/-
with subsequent interest and costs of the suit, with in time to be fixed by the
Honourable court, failing which to attach the petition schedule mentioned
retirement benefits of the defendant which are with in the hands of his
Garnishee, i,.e. i,.e. The Mandal Education Officer, Nellimarla Mandal, before
judgment, in the interests of justice.

Deponent.
Solemnly affirmed before me by the deponent on this th day of
April, 2018, Vizianagaram.
Advocate/A.O

IN THE HONOURABLE COURT OF THE SENIOR CIVIL JUDGE

COURT AT VIZIANAGARAM

I A No: /2018

O.S.NO: 95 /2017
Between:-

Sri. Laveti Krishna S/o Appannadora, Hindu aged about 45 years,

 45
Teacher, residing at Puritipenta Village, Gajapathinagaram Mandal,
Vizianagaram district,

------------- Petitioner/ Plaintiff.

And:-

Smt. Manepalli Yamini Poorna Thilaka w/o Raveendhranadh, Hindu,

aged about 59 years, Teacher, resident of Door No: 4-113, Dwaraka
Nagar, Vizianagaram.
-----------Respondent/Defendant.

PETITION FILED UNDER ORDER 38 RULE 5 OF C.P.C. ON BEHALF

OF THE PLAINTIFF/PETITIONER.

For the reasons stated in the accompanying affidavit that the

petitioner/plaintiff humbly prays that the Honorable court may be pleased to direct
the respondent to furnish security for the suit amount of Rs: 4,92,000/- with
subsequent interest and costs of the suit, with in time to be fixed by the
Honourable court, failing which to attach the petition schedule mentioned
retirement benefits of the defendant which are with in the hands of his
Garnishee, i,.e. The Mandal Education Officer, Nellimarla Mandal, before
judgment, in the interests of justice.

Vizianagaram.
Date: -04-2018.
ADVOCATE FOR THE PETITIONER/
PLAINTIFF.

IN THE HONORABLE COURT OF THE SENIOR CIVIL JUDGE AT

VIZIANAGARAM

O.S.NO: 95 /2017
Between:-

Sri. Laveti Krishna ---------- Plaintiff

And:-

Smt. M. Yamini Poorna Thilaka ---------- Defendant

 46

PETITION SCHEDULE FILED ON BEHALF OF THE PETITIONER/

PLAINTIFF,

The following retirement benifits which are going to be received by the

defendant from the Garnishee of the defendant who is working as Second
Grade Teacher, M.P.P. School, Sativada Village, Nellimarla Manda.
Vizianagaram district, which are with in the hands of his Garnishee, i,.e.
i,.e. The Mandal Education Officer, Nellimarla Mandal, Vizianagaram
district.
The retirement benefits which are going to be received by the
defendant at about an amount of Rs; 5,00,000/-

1. Leave salary of Rs: 3,00,000/-

2. Other benefits of Rs; 2,00,000/-

---------------------
Total Rs; 5,00,000/-
-------------------
(Subject to section 60 of C.P.C.)

Advocate for the plaintiff Plaintiff

The above particulars are true and correct to the best my
knowledge and belief on my information, and signed the same on -04-
2018, at Vizianagaram.

Plaintiff

IN THE HONORABLE COURT OF THE SENIOR CIVIL JUDGE AT

VIZIANAGARAM

O.S.NO: 95 /2017
Between:-

Sri. Laveti Krishna ---------- Plaintiff

And:-
 47
Smt. M. Yamini Poorna Thilaka ---------- Defendant

AFFIDAVIT FILED BY THE THIRD PARTY UNDER ORDER 19 RUL 1 OF

C.P.C.

1) I, Amiti Ravi Kumar S/o late Jagannadaswamy, Hindu, aged about 38

years, R.T.C. Conductor, resident of Moyeda Village, Nellimarala Mandal,
Vizaianagaram district, present at Vizianagaram, do here by solemnly affirm
and state on oath as follows:-

2). I submit that I am the 3 rd party to the above proceedings and I know
the both parties to the suit.

3). I submit that the defendant had borrowed an amount of Rs:3,00,000/-

( Rupees three lakhs only) from me on 20-07-2014 for the purpose of clearing
her sundry debts, and on the same day the defendant executed a promissory
note in my favour agreeing to repay the same together with subsequent interest
Rs: 24% p.a, either to me or to my order on demand, and in spit of repeated
demands made by the plaintiff to the defendant for repayment under the said
suit promissory note, but she did not choose to repay the said amount and
postponing the same pretext or the other.

4) I further submit that the defendant is working as Second Grade Teacher,

M.P.P. School, Sativada Village, Nellimarla Manda. Vizianagaram district, and
the defendant is going to be retired in the month of June, 2018, and ready to
receive the retirement benefits from her Garnishee, I further submit that except
the petition schedule retirement benefits no other properties were stands in her
name.

The above stated information is true and correct to the best my

knowledge and belief.

Deponent

Solemnly affirmed before me by the deponent on this th

day of
Aprial, 2018, at Vizianagaram.

Advocate/A.O

IN THE HONOURBLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE

AT VIZIANAGARAM

O. S. NO: 349 /2017

Between:-

Sri. K. Pydi Raju ----- Plaintiff

 48
AND:-
Smt. B. Ramanamma and another ----- Defendant

AFFIDAVIT FILED BY THE 3rd PARTY UNDER ORDER 18 RULE 4 OF C. P. C

AS A PW-2,

1). I, Karrothu Sravan Kumar S /o late Prasada Rao, Hindu, aged about 28
years, Auto Driver R/o Kata Veedhi, Nallcharuvu Vizianagaram town, do here
by solemnly affirm and state on oath as follows :-

2). I submit that I am the 3 rd party in the above matter. I know the facts of
the case, I signed as a first attester of the suit promissory note, one P.
Srinivasa Rao put his signature as a second attester and K. Srinivasa Rao is
scribed the suit promissory note, and the above said transaction took place in
our presence at plaintiff’s shop at Nallacharuvu, Kataveedi.

3). I submit that on 05-10-2014, the deceased Boora Sunil Kumar, who is
the son of the defendant had borrowed an amount of Rs: 1,50,000-00 from
the plaintiff for the purpose of clearing his sundry debts and having received
consideration amount and executed a promissory note in favor of the plaintiff
on the even date in our presence agreeing to repay the same together with
interest @ 24 %p.a. either to the plaintiff or to his order on demand.

4) I further submit that the said Bura Sunil Kumar was died intestate in the
month of May, 2017 leaving behind him his mother who is the defendant
herein as his only legal representative for his entire estate, which is with in
the hands of the defendant herein,

5) The above stated facts are true and correct to the best of my
knowledge.

Deponent
Solemnly affirmed before me by the deponent on this 28 th day
of March, 2018, Vizianagaram.

Advocate/A.O

IN THE HONOURABLE COURT OF THE MACT-CUM-IIIrd Addl. DISTRICT

JUDGE-CUM- FAMILY COURT AT VIZIANAGARAM.

I. A. NO: /2018,

M.O.P. NO: 58/2017

 49

Between:-
Sri. K. Laxmi ---------- Petitioner

AND:-
Sri. S. Ramu and others, ----------- Respondents.

MEMO FILED ON BEHALF OF THE PETITIONER.

1. It is submit that the petitioner by name Korupolu Laxmi W/o late

Srinivasa Rao, R/o Vasadi Viilage, Gantyada Mandal, Vizianagaram district,
the petitioner filed the above MOP for granting compensation on account of
the injuries sustained by her in a motor vehicle accident, and the said matter
was settled before the Honourable District Legal Services Authority for
compensation of Rs: 60,000/-, and the 3 rd respondent insurance company has
deposited total award amount of Rs.60,000/- in the Honourable court
towards full satisfaction of the award amount.

2. It is further submit that as per award the petitioner is permitted to

withdrawn the total amount of Rs:60,000/- .

3. Therefore, the petitioner humbly prays that the Honourable court.

issue account payee cheque for Rs: 60,000-00 (Rupees sixty thousand only)
in my favor and the said cheque may be sent to the Branch Manager, Andhra
Pradesh Grameena Vikas Bank, Bonangi Branch, Vizianagaram district,
to credit the same to my SB account No: 7305126550-2, in the interest of
justice.

Advocate for petitioner.

IN THE HONOURBLE COURT OF THE PRINCIPAL JUNIOR CIVIL

JUDGE AT VIZIZNAGARAM

C. O. P. NO: /2018
Between:-
A.P.S.R.T.C, rept by its Regional Manager (NECR)
Vizianagaram ----- Caveat Petitioner,
 50

AND:-
Sri. V. V. Ramana Murthy ----- Respondent,

PETITION FILED UNDER SECTION 148-A RULE I AND SECTION 26

OF C.P.C.
I. THE PETITIONER IS:-

Andhra Pradesh State Road Transport Corporation, represented by its

Regional Manager, Sri. Andhavarapu Appala Raju S/o late Suryanarayana, Hindu
aged about 53 years, residing at o/o R. M’s Office, NECR, Vizianagaram.

The address of the petitioner is for the purpose of service of all notices,
etc. is as stated above and care of its Advocate, M. PRABHAKARA RAO,
Vizianagaram.

II THE RESPONDANT IS:-

Sri. V. V. Ramana Murthy, Hindu, aged about 48 years, Sri Meher

Rajamatha Educational Society, Vizianagaram, R/o Plot No:25, Shirdi Colony,
Thotapalem, Vizianagaram.

The address of the defendant for the purpose of service of all court notices
is stated above.

III. The Particulars of the Petition:-

a) The petitioner is the A.P.S.R.T.C. Corporation, NEC Region, having its R.

M’s Office, Vizianagaram, and which is with in jurisdiction of this Honourable
court.

b) The petitioner A.P.S.R.T.C. Corporation NEC Region has published a

Notification No: P5/437(A) 2015-RM-NECR, dated 23-03-2015 in daily news
papers tendering for licensing out the petition schedule property for a period of 5
years. the petition schedule may be read as a part of this affidavit to avoid repetition
of facts.

c) The respondent participated in the tenders and became the successful tenderer
by offering License fee of Rs:14220/-per month and the Corporation has accepted
the offer made by the respondent and communicated its acceptance vide letter
P5/437(49)/2015-RM-NECR dated 2-5-2015 and both the petitioner and responder
are entered in to license agreement for a period of 5 years i,.e. from 14-05-2015 to
13-05-2020.

d) The petitioner further submit that as per license agreement clause No; 20(b)
the respondent shall vacate the petition schedule premises as and when demanded
by the petitioner and as per clause No: 20(c) the petitioner is at liberty to demand
immediate vacation with out notice and as per clause No: 33 the petitioner is
reserving the right to terminate the respondent by giving one month notice incase
the petition schedule is required for their use. The petitioner further submit that they
 51
issued a notice on 24-01-2018 by requesting the respondent to vacate the petition
schedule premises on or before April, 2018 duly treating as one month’s advance
notice, after receiving the said notice the respondent has no manner of right to
continue the premises, now the respondent is proclaiming in the locality that he
would file a urgent suit and obtaining ex-party interim- injunction order from this
Honourable court against the petitioner claiming his right on the petition schedule
property, if so the petitioner will be put to great hard ship, injury, and injustice.
Hence this petition to order prior notice to the petitioner in the event of any urgent
suit or proceedings being initiated by the respondent in respect of the petition
schedule property for obtaining the ex-party interim injunction or attachment.

IV. THE CAUSE OF ACTION IS:-

The cause of action for the petition arose on 24-01-2018 when the petitioner
issued a notice by requesting the respondent to vacate the petition schedule
premises on or before April, 2018 duly treating as one month’s advance notice, and
when the respondent receiving the said notice and proclaiming in the locality that he
would file an urgent suit and obtaining ex-party interim-injunction order from this
Honourable court against the petitioner claiming his right on the petition schedule
property, and where the petition schedule property is situated are all at
Vizianagaram town, which is with in jurisdiction of this Honourable court.

V. This being a petition filed under section 148-A of C.P.C. and court fee of Rs:
-00 is paid thereon, under Rule 295 (5) of Civil Rules of Practice.

VI. The petitioner therefore humbly prays that the Honorable court may be
pleased to lodge this Caveat and order prior notice to the petitioner in the event of
any urgent suit or proceedings being initiated by the respondent in respect of the
petition schedule property for obtaining the ex-party interim injunction etc. in the
interest of justice.

Advocate for the Petitioner, Petitioner.

The contents of the above petition are all true and correct to the best of my
knowledge belief and information, and that I have signed the same on dt: -03-2018,
at Vizianagaram.

Petitioner.

IN THE HONOURBLE COURT OF THE PRINCIPAL JUNIOR CIVIL

JUDGE AT VIZIZNAGARAM
C. O. P. NO: /2018
Between:-
A.P.S.R.T.C, rep by its Regional Manager (NECR)
Vizianagaram ----- Caveat Petitioner,
 52
AND:-
Sri. V. V. Ramana Murthy ----- Respondent,,

AFFIDAVIT FILED UNDER ORDER 19 RULE 1 OF C. P. C BY THE

ABOVE NAMED PETITIONER.
1) I, Andhavarapu Appala Raju S/o late Suryanarayana, Hindu aged about 53
years, The Regional Manager, A.P.S.R.T.C, NECR, Vizianagaram, do here by
solemnly affirm and state on oath as follows:-

2) I submit that I am the Regional Manager of the petitioner corporation and I

know all the facts of the case.

3) I humbly submit the A.P.S.R.T.C. Corporation NEC Region has published a

Notification No: P5/437(A) 2015-RM-NECR, dated 23-03-2015 in daily news
papers tendering for licensing out the petition schedule property for a period of 5
years, and the respondent has participated in the tenders and became the successful
tenderer by offering License fee of Rs:14220/- and we have accepted the offer made
by the respondent and communicated its acceptance vide letter P5/437(49)/2015-
RM-NECR dated 2-5-2015 and both the petitioner and responder are entered in to
license agreement for a period of 5 years i,.e. from 14-05-2015 to 13-05-2020.

4) I further submit that as per license agreement clause No; 20(b) the
respondent shall vacate the petition schedule premises as and when demanded by
our corporation and as per clause No: 20(c) we are at liberty to demand immediate
vacation with out notice and as per clause No: 33 we are reserving the right to
terminate the respondent by giving one month notice, incase the petition schedule
is required for our corporation use. I further submit that I issued a notice on 24-01-
2018 by requesting the respondent to vacate the petition schedule premises on or
before April, 2018 duly treating as one month’s advance notice, after receiving the
said notice the respondent has no manner of right to continue the premises, now the
respondent is proclaiming in the locality that he would file a urgent suit and
obtaining ex-party interim- injunction order from this Honourable court against me
claiming his right on the petition schedule property, if so we will be put to great
hard ship, injury, and injustice. Hence this petition to order prior notice to the
petitioner in the event of any urgent suit or proceedings being initiated by the
respondent in respect of the petition schedule property for obtaining the ex-party
interim injunction or attachment.

5) I therefore pray that the Honorable court may be pleased to lodge this
Caveat and order prior notice to me in the event of any urgent suit or proceedings
being initiated by the respondent in respect of the petition schedule property for
obtaining the ex-party interim injunction etc. in the interest of justice.

Deponent
th
Solemnly affirmed before me by the deponent on this day of March,
2018, at Vizianagaram.
Advocate/A.O

IN THE HONOURBLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT

VIZIZNAGARAM
 53
C. O. P. NO: /2018
Between:-

A.P.S.R.T.C, Vizianagaram ----- Caveat Petitioner,

AND:-

Sri. V. V. Ramana Murthy ----- Respondent,

PETITION SCHEDULE FILED BY THE PETITIONER

Vizianagaram Town / Municipality, Vizianagaram sub Registrar office,

School stalls in Pucca 4000 sft and open space of 3000 sft in E4 Officers
quarters in Blook No; II, at RM’s Office, APSRTC, Vizianagaram,

Bounded by;

East: Vacant place belongs to RM’s Office,

South: Compound wall belongs to RM’s Office,

West: Vacant place belongs to RM’s Office,

North: Vacant place belongs to RM’s Office

Advocate for the Petitioner, Petitioner.

The schedule furnished by me is true and correct to the best of my

knowledge, belief and information, and that I have signed the same on the dt:
-03-2018, at Vizianagaram.

Petitioner

IN THE HONORABLE COURT OF THE SENIOR CIVIL JUDGE AT

VIZIANAGARAM

O.S.NO: 307/2016
 54
Between:-

Sri.K. Jagadeeswara Rao ---------- Plaintiff

And:-
Sri. G.Thaviti Naidu ---------- Defendant,

AFFIDAVIT FILED BY THE PETITIONER /PETITIONR, UNDER

ORDER 19 RUL 1 OF C.P.C.

1. I, Gottapu Thaviti Naidu S/o late Papi Naidu, Hindu,Lecturer, aged about
47 years, resident of Chakali Belagam, Parvathipuram, Vizianagaram district, do
here by solemnly affirm and state on oath as follows:-

2. I submit that I am the defendant in the above matter, and I know all the
facts of the case. the plaintiff filed the above suit against me for recovery of the
amount due under alleged pronote.

2) I submit that the above suit was posted for filing my written statement on
20-12-2016, but I could not filed my written statement on that day and could not
attend before this Honourable court, because I am suffering from sever fever as
such, I could not meet my advocate for giving instruction and my advocate also
could not appear before this Honorable court because he was engaged in another
court, consequently that the Honorable was pleased to called me set me ex parte
on 20-12-2016 and the said suit was posted to plaintiff’s evidence, unless the
above reason there is no other reason for non filing of my written statement, the
absence of me and my advocate is either willful nor intentional, I have strong and
prime face case in the above suit and I am here with filing my written statement
along this affidavit also. Unless the Honorable court may be pleased to set side
the ex parte order dt 20-12-2016 in the above said suit. I will be sustained
irreparable loss and injury.

There fore I pray that the Honorable court may be pleased to set side the ex
parte order dated 20-12-2016 in the above said suit, and receiving my written
statement in the above suit in he interest of justice.

DEPONENT,
th
Solemnly affirmed before me on this 15 day March, 2018 at
Vizianagaram.

Advocate.
 55
IN THE HONOURBLE COURT OF THE SENIOR CIVIL JUDGE AT
VIZIANAGARAM.

I. A. No: /2018,

O.S NO 307 /2016

Between:-

Sri. Gottapu Thaviti Naidu S/o late Papi Naidu, Hindu,Lecturer,

aged about 47 years, resident of Chakali Belagam, Parvathipuram,
Vizianagaram district.

----- Petitioner /Defendant.

AND:-

Sri. Kilaparthi Jagadeeswara Rao S/o Suryanarayan, Hindu,

aged about 49 years, resident of Burthapadu Village,
Gantyada Mandal, Vizianagaram district,

----- Respondent / Plaintiff.

PETITION FILED UNDER ORDER 9 RULE 9 AND OF C.P.C, BY THE

PETITIONER/PETITIONER.

For the reasons stated in the accompanying affidavit the petitioner/plaintiff

humbly prays that the Honorable court may be pleased to set side the ex parte
order against petitioner/ defendant dated 20-12-2016 in the above said suit and
receive written statement in the above suit, in he interest of justice.

ADVOCATE FOR THE PETITIONER/PLAINTIFF.

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE

AT VIZANAGARAM
 56

O.S.NO: 462 /2017

Between:-
G. Jyothi ---------- Plaintiff

And:-
Govt. of A.P. rept. By District Collector,
Vizianagaram & others --------- Defendants

AFFIDAVIT FILED BY THE PLAINTIFF UNDER ORDER 19 RUL 1 OF C.P.C.

1. I, w /o , Hindu, aged about 45

years, Sarpanch, Grama Panchayat, Jonnada Village, Denkada Mandal,
Vizianagaram district, do here by solemnly affirm and state on oath as
follows:-

2. I submit that I am the 3 rd defendant in the above suit; as such I know

all the facts of the case.

3. I submit that the plaintiff filed the above suit against me and other
defendants for granting permanent injunction

4. I further submit that the above matter is posted today for filing my written
statement and counter also, but I could not filed my filing my written statement and
counter today, because I could not secure some public documents for filing my
written statement. Unless the Honorable court may be pleased to grant time for
filing my written statement, I will be put too much irreparable loss and hardship.

5). I therefore, humbly prays that the Honorable court may be pleased to grant
30 days time for filing my written statement and counter in the above matter, in the
interest of justice.

Deponent
Solemnly affirmed before me by the deponent on this 09 th day of August,
2018, at Vizianagaram.

Advocate/A.O
 57

IN THE HONORABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE

AT VIZIANAGARAM

I. A NO: /2018

I.A NO: 2084 /2017.

in
O.S.NO: 462 /2017.
Between:-

1. Gvot. Of AP. Represented by District Collector, Vizianagaram.

2. Mandal Parishad Devolopment Officer.

3. w/o , Hindu, Hindu,

aged about 45 years, Sarpanch, Grama Panchayat, Jonnada Village,
Denkada Mandal, Vizianagaram district.

-----Petitioner/3rd defendant.
And:-

Smt. Gudisa Jyothi w/o Shiva kumar, Hindu, aged about 42 years,
Proprietor, SVN color lab, R/o Door No; 13-6-35/1, Puligeddavari Street,
Vizianagaram district.
-----Respondent/Plaintiff

PETITION FILED UNDER SECTION 148 OF C.P.C. ON BEHALF OF

THE 3RD DEFENDANT/PETITIONER

For the reasons stated in the accompanying affidavit that the petitioner/3 RD
Defendant humbly prays that the Honorable court may be pleased to grant 30 days
time for filing her written statement and counter in the above matter, in the interest
of justice.
.

Vizianagaram.
Date: 09-08-2018.
ADVOCATE FOR THE PETITIONER.
 58
IN THE HONOURABLE COURT OF THE PRINCIPAL DISTRICT
JUDGE AT VIZIANAGARAM

A.S. No: /2018

Between:-

1. Korada Appala Naidu @ Appanna

2. Korada Bangaramma -----APPELLANTS/DEFENDANTS.
And:-

Korada Narayana Rao ----- RESPONDENT/PLAINTIFF.

AN APPEAL AGAINST THE DECREE AND JUDGMENT MADE IN O.S. NO: 427/2010
DATED 18-01-2018 ON THE FILE OF THE HONOURABLE PRINCIPAL JUNIOR CIVIL
JUDGE AT VIZIANAGARAM.

O.S. NO: 427/2010

Between: -

Korada Narayana Rao ------ PLAINTIFF

And:-

1. Korada Appala Naidu @ Appanna

2. Korada Bangaramma -----DEFENDANTS

MEMORANDUM OF APPEAL SUIT FILED UNDER ORDER 41 RULE 1 AND SECTION

96 OF CIVIL PROCEDURE CODE BY THE ABOVE NAMED APPELLANTS AGAINST
THE DECREE AND JUDGMENT MADE IN O.S. NO: 427/2010 DATED 18-01-2018 ON
THE FILE OF THE HONOURABLE PRINCIPAL JUNIOR CIVIL JUDGE AT
VIZIANAGARAM.

I. THE ADDRESSES OF THE APPELLANTS ARE:-

1. Korada Appala Naidu @ Appanna S/o late Appalaswamy, Hindu, aged

about 50 years, Narava Village, Gantyada Mandal, Vizianagaram district.

2. Korada Bangaramma w/o Appala Naidu @ Appanna, Hindu, aged about 45

years, Narava Village, Gantyada Mandal, Vizianagaram district

The addresses of the appellants/defendants for the purpose of service of all

noticesess etc., are as stated above and care of their advocate Sri V. DEMUDU
BABU, Vizianagaram.

II. THE ADDRESS OF THE RESPONDENT IS :-

Sri. Korada Narayana Rao S/o late Appalaswamy, Hindu, aged about 55
years, Narava Village, Gantyada Mandal, presently residing at Door No: 40-1-
24/10/2, Kasthurinagar-2ent of Kilasapuram of Visakhapatnam.

The address of the respondent/plaintiff is for the purpose of service of all

notices, etc., is stated above.
 59
GROUNDS OF APPEAL

1. The decree and judgment of lower court is contrary to law, weight of

evidence, probabilities and equities involved therein.

2. The court below failed to observe that the documents i,.e. Exhibts A-1 to
A-11 filed by the plaintiff are proved that the plaintiff alone is not the absolute
owner of the plaint schedule property and that the defendants are also co owners
of the plaint schedule property and as such the contention of the plaintiff has to
thrown out. Hence the decree and judgment of the lower court is liable to be set
aside.

3. The court below erroneously observed that Ex. A-1 to A-10 are shown
that the plaintiff and defendants are the owners of the plaint schedule property
and the same is admitted by the PW-1 in his evidence, but the lower court failed
to observe that the said fact and gave wrong finding that plaintiff is having prima
face title and possession and enjoyment of the plaint schedule properties and as
such the decree and judgment is liable to be set aside.

4. The Lower court failed to consider to the document filed by the

defendants i,.e Ex: B-1 House Hold Cord which clearly showed, the mother and
handicapped sister of both the plaintiff and 1 st defendant are residing with the
defendants and the court below failed to observe that the defendants are
maintaining them and as such the decree and judgment is liable to be set aside.

5. The lower court failed to observe that PW-2 1nd 3 are deposed in their
cross- examination that the plaintiff is residing at Visakhapatnam since last 30 to
40 years with his family and he used to visited Narava village occasionally, and
that the mother and handicapped sister are residing in the house of the
defendants, and as such the contention of the plaintiff stated that he is properly
maintaining them till their death is wrong and as such the suit is liable to be
dismissed instead of decreeing the same.

6. The lower court ought to have observe that the plaintiff failed to prove that
the plaint schedule properties are in his exclusive possession and enjoyment and
that he himself admitted in his evidence that all the properties including plaint
schedule property are the joint family properties and in joint possession and that
some of them disposed of prior to filing of the suit, and the Honourable court is
decreed suit grant permanent injunction against the defendants who are co owner
which is not sustainable as per law.

7. The lower ought to have consider the evidence of DW-1 to 3 and dismiss
the suit instead of decreeing it.

8. The lower court ought to have seen that there is no evidence to establish
that the plaint schedule properties are vested in the name of the plaintiff after
 60
death of his mother and sister and that to the Ex: A-11 is the concerted document
which is an unregistered document and by which the rights in plaint schedule
property cannot be transferred to the plaintiff, and as such the suit is liable to be
dismissed instead of decreeing the same.

9. The lower court ought to have considered the entire evidence of DW-1 to 3
and the document marked on their side and dismiss the suit of plaintiff instead of
decreeing the same.

10. The judgment of the lower court is with full of assumptions and wrong
presumptions and erred the court below in decreeing the suit instead of
dismissing it.

11. The lower court failed to consider legal principles on record and
decreeing the suit instead of dismissing it.

IV.. The value of the appeal suit for the purpose of court fees and
jurisdiction is at Rs: 5,000-00 and court fees of Rs: 411/- is paid under section
26 © of A. P. Court fees and S.V.Act.1956.

V. For these and other grounds to be submitted at the time of hearing of the
appeal suit, the appellants pray that the Honourable court may be pleased to set
aside the decree and judgment made in O.S.No: 427 /2010, Dated: 18-01-2018
on the file of the Principal Junior Civil Judge’s court at Vizianagaram, by
allowing the same with costs in the interests of justice.

ADVOCATE FOR APPELLANTS/

DEFENDANTS.

To, Date; 24-02-2018

GOOD HEALTH INSURANCE TPA LTD., Vizianagaram.
Nagarjuna Hills, Panjagutta.
 61
HYDERABAD-500082.

Respected Sir,

Subject:- Hospitalization claim in respect of the patient

V.S.S. Vardhan.

Ref:- Additional information of claim No: 744202 in

respect of V.S.S.Vardhan and your letter dated
21-02-2018 through mail to: [email protected].

In response to your letter 2nd cited above, I am herewith

submitting few lines for your favour and consideration. I am
herewith submitting 1) The Original Investigation Report issued by
the Neurosurgery Unit-II of Christian Medical Collage, Vellore, 2)
Original M.R.I Scan report dated 05-09-2017, in respect of the
patient by name V.S.S.Vardhan for your perusal and necessary
process at your end. I further submit that the IP case papers
relating to the treatment of the patient at C.M.C, Vellore are not
delivered to the patient at the time of discharge and as such the
originals are with the Hospital. I hereby further informing you that
I have requested the Hospital authority for issuance of the Xerox
copies of the IP case papers but in vain. I further submit that in
spite of my best efforts, I could not secure the IP case papers and
as such I am unable to furnish the IP case papers.

It is further submit that I have taken my child by name V.S.S.

Vardhan for admission as in an patient in to Hospital on 26-10-
2017 to conduct surgery and at the time of admission the Hospital
authority relating to the claims department told me that cashless
admission in respect of your Good Health Insurance is not
available and they advised me to pay the medical and surgery
expenses and as such I have paid the total amount. I further
submit that due to lack of knowledge and due to busy involvement
in conducting surgery to my child, I could not inform about the
admission of my child in to Hospital at early date and as such I
request you to condone the delay in informing the same.

Thanking you sir,

Yours faithfully

Enclosures:
(BADIREDDI BANGARAMMA)
1. Original Investigation report, Area Co ordinate,
Gajapatinagaram
2. Original M.R.I scan report. DRDA-VELUGU-VZM-AP
3. Original Discharge Summary. GHPL ID NO: GHPL-UIH-DVZ-177050-
1

IN THE HONOURABLE COURT OF THE M. A. C. T-CUM- SPL. JUDGE FOR S. Cs

& S. Ts- ADDL. DISTRICT JUDGE AT VIZIANAGARAM.
 62

M.O.P. NO: 854 /2010.

Between:-
Sri. G. Venkata Naidu, ---------- Petitioner.

AND:-
Sri. N. Appala Konda and others ----------- Respondents.

AFFIDAVIT FILED UNDER ORDER 19 RULE 1 OF CIVIL PROCUDURE

CODE.

1. I Garbapu Venkata Naidu S/o Sankara Rao, Hindu, aged about 23

years, R/o K. L. Puram, Vizianagaram Town, present at Vizianagaram, do here
by solemnly affirm and state on oath as follows:-

2. I am the Petitioner herein; as such I know all the facts of the case.

3. I submit that at the time of filing of this OP, as I am a minor and being
represented by my father filed the above M.O.P. or grant of compensation on
account of injuries sustained by me in a motor vehicle accident, and wherein
the Honourable court was pleased to pass an award a sum of Rs: 61,000/-
with subsequent interest at the rate of 7.5% p.a. from the date of the petition
till realization, and the insurance company has deposited an amount of
Rs.72,246/- in the Honourable court towards full satisfaction of the award
amount.

4. I further submits that in the above said matter, as per the decree, I
was already permitted and withdrawn an amount of Rs:20,000/- with accrued
interest and costs and total amount of Rs:31,246/-as per order in I.A /2013
dated 31-01-2013

5. I further submit that as per the decree, the balance amount is kept in
FDR in Oriental Bank of Commerce, Vizianagaram, till attaining my majority,
and accordingly, the balance amount along with interest of Rs.41,000/- was
kept in FDR, now I am aged about 23 years, and I am also filed a petition in IA
30/2016 for major declaration petition and the same was allowed on 13-04-
2017 and declaring me as major. Hence I am entitled to receive the said
amount with subsequent interest.

6. I further submit that I am an unemployed, and con not do any hard

work due to my ill health, Unless the Honourable court may be pleased to
permit me to withdraw the entire amount of Rs.41,000/- with accrued interest
thereon which is lying in the FDR in Oriental Bank of Commerce,
Vizianagaram for my needs, else I will be sustained irreparable loss and
injury.

7. I therefore, humbly pray that the Honourable court may be pleased to

permit me to withdraw the entire amount of Rs.41,000/- with accrued interest
thereon which lying in the FDR in Oriental Bank of Commerce, Vizianagaram,
for my needs, in the above matter, in the interest of justice.

DEPONENT.
Solemnly affirmed before me and signed on the same on this th day,
July, 2017. at Vizianagaram.

Advocate, A.O.
 63
IN THE HONOURABLE COURT OF THE M. A. C. T-CUM- SPL. JUDGE FOR
S. Cs & S. Ts- ADDL. DISTRICT JUDGE AT VIZIANAGARAM.

I.A.NO: /2017

1n

M.O.P. NO: 854 /2010.

Between:-

Sri. Garbapu Venkata Naidu, aged about 23 years, Hindu,

residing at K. L.Puram, Vizianagaram.
------------- Petitioner.
AND:-

1. N. Appala konda S/o Naga Appala Naidu, age 28 Years,

Hindu, Driver of Lorry bearing No. A.P 5 TT 8594,
R/o Truvada Village, Atchutapuram Mandal, Visakhapatnam dist.

2. Sri N . Venkata rao S/o Ramalingam, age 40 Years, Hindu,

owner of Oil Tanker Lorry bearing No. A.P 5 TT 8594,
R/o M.I.G-215, Gajuwaka, Visakhapatnam dist.

3. The United Insurance Company Ltd,

Rep. by its Divisional Manager, Divisional Office,
Srikakulam. ------------ Respondents.

PETITION FILED UNDER SECTION 151 OF CIVIL PROCEDURE CODE, ON

BEHALF OF THE PETITIONER.

For the reasons stated in the accompanying affidavit, the petitioner

humbly prays that the Honourable court may be pleased to permit him to
withdraw the entire amount of Rs. 41,000/- with accrued interest thereon
which lying in the FDR in Oriental Bank of Commerce, Vizianagaram, in the
above matter, in the interest of justice.

Advocate for the Petitioner.

 64
THE HONOURABLE COURT OF THE PRINCIPAL DISTRICT JUDGE
VIZIANAGARAM.
I. A. NO: /2018,
P.L.C. NO: 195 /2015
Between:-
Sri. B. Jajalakshmi and others ---------- Petitioners.
AND:-
Sri. K. Yerni Babu and others, ----------- Respondents.
MEMO FILED ON BEHALF OF THE 2ND PETITIONER.
1. It is submit that the 2 nd petitioner by name Smt. Varri Vindhya
Rani w/o Bhaskara Rao, R/o Jami Viilage,/ Mandal, Vizianagaram district,
she along with other petitioners filed the above MOP for granting compensation
on account of the death of her father in a motor vehicle accident, and the said
matter was settled before the Honourable District Legal Services Authority for
compensation of Rs: 34, 00,000/-, and the 3 rd respondent insurance
company has deposited an amount of Rs.34,00,000/- in the Honourable
court towards full satisfaction of the award amount.
2. It is further submit that out of the total compensation the 2 nd
petitioner is entitled for Rs:7,00,000/- towards her share, out of her share,
previously she was permitted and withdrawn an amount of Rs:3,50,000/- out
of her share as per orders in I.A /2016 dated 03-10-2016, as per
award the balance amount was kept in FDR in State Bank of India, Court
Branch, Vizianagaram for a period of one year, and The said FDR period is
already elapsed.

3. Therefore, the 2nd petitioner humbly prays that the Honourable court
may be pleased to en-cash the FDR amount of Rs:3,50,000/- with accrued
interest thereon which lying in the FDR in State Bank of India, Court Branch,
Vizianagaram, for filing cheque petition in the above matter, in the interest of
justice.
Advocate for 2nd petitioner.
 65
In THE HONOURABLE COURT OF THE M.A.C.T- PRINCIPAL
DISTRICT JUDGE VIZIANAGARAM.

I. A. NO: /2015, M. O. P. NO: 519 /2013.

Between:-
Sri. B. Devudamma and another ---------- Petitioners.

AND:-
Sri. D. Kali Prasad and others, ----------- Respondents.

CALCULATION MEMO FILED BY THE PETITIONERS

Total award amount Rs: 3, 00,000-00

1st petitioner share, Rs: 2, 00,000-00
2nd petitioner share, Rs: 50,000-00
3rd petitioner share, Rs: 50,000-00
----------------------
Total Rs: 3, 00,000-00
----------------------
Total deposit amount of the award: Rs: 3,00,000-00,
Total permitted amount: Rs: 2,00,000-00
----------------------
Total balance Rs: 1,00,000-00
----------------------
st
1 PETITIONER SHARE:
Award amount of Rs; 2, 00,000-00
Cheque petition:
Permitted amount of Rs: -1, 00,000-00, Balance of Rs: 1, 00,000-00

2nd PETITIONER SHARE:

Award amount Rs; 50,000-00

3rd PETITIONER SHARE:

Award amount Rs; 50,000-00
----------------------
Total balance of Rs: 1, 00,000-00
----------------------

Advocate for the petitioners

 66

IN THE HONOURABLE COURT OF THE M.A.C.T- PRINCIPAL

DISTRICT JUDGE VIZIANAGARAM.

I. A. NO: /2015, M. O. P. NO: 519 /2013.

Between:-
Sri. B. Devudamma and another ---------- Petitioners.

AND:-
Sri. D. Kali Prasad and others, ----------- Respondents.

PAYMENT SCHEDULE FILED BY THE 1st PETITIONER

SEL NO: DISCRIPTION OF IN WHICH FAVOUR PAYMENT.

DOCCUMENTS THE CHEQUE WAS ISSUED, AMOUNT

1. To order to issue cheque, Smt. Bandaru Devudamma, Rs: 1,00,000-00

for Rs: 1,00,000-00 in W/o late Suryanarayana,
favour of the petitioner, Madanapuram Village,

-----------------------
Total Rs: 1,00,000-00
---------------------------

Advocate for the petitioner, Signature of the 1st Petitioner,

The above facts are all true and correct to the best of my knowledge, belief,
and information.

Signature of the 1st petitioner.

 67

IN THE HONOURABLE COURT OF THE M.A.C.T- PRINCIPAL

DISTRICT JUDGE VIZIANAGARAM.

I. A. NO: /2015, M. O. P. NO: 519 /2013.

Between:-
Sri. B. Devudamma and another ---------- Petitioners.

AND:-
Sri. D. Kali Prasad and others, ----------- Respondents.

RECIEPT.

I Bandaru Devudamma W/o late Suryanarayana, has received a sum of Rs;

1,00,000-00 ( Rupees One lakh only) by way of account payee cheque from the
Honourable District Judge at Vizianagaram, in the above said M. O. P. hence this
receipt.

Advocate for the Petitioner Signature of the 1st Petitioner,

IN THE HONOURABLE COURT OF THE M.A.C.T- PRINCIPAL

DISTRICT JUDGE VIZIANAGARAM.

I. A. NO: /2015, M. O. P. NO: 519 /2013.

Between:-
Sri. B. Devudamma and another ---------- Petitioners.

AND:-
Sri. D. Kali Prasad and others, ----------- Respondents.

PART SATISFACTION MEMO.

It is submitted that the Petitioner has received a sum of Rs: 1,00,000-

00(Rupees one lakh only) by way of account payee cheque from the Honourable
District court at Vizianagaram, towards part satisfaction of the claim, hence the
Honourable court may be pleased to record P. S. memo in the above M.O.P in the
interest of justice.

Advocate for the Petitioner, Signature of the 1st petitioner,

 68

IN THE HONOURABLE COURT OF THE M.A.C.T- PRINCIPAL

DISTRICT JUDGE VIZIANAGARAM.

I. A. NO: /2015, M. O. P. NO: 519 /2013.

Between:-
Sri. B. Devudamma and another ---------- Petitioners.

AND:-
Sri. D. Kali Prasad and others, ----------- Respondents.

AFFIDAVIT FILED UNDER ORDER 19 RULE 1 OF CIVIL PROCUDURE CODE.

1. I Bandaru Devudamma W/o late Suryanarayan, Hindu, aged about 51

years, house wife, R/o Madanapuram Viilage, Gantyada Mandal, Vizianagaram
district, present at Vizianagaram, do here by solemnly affirm and state on oath as
follows:-
2. I am the 1st Petitioner herein, and I know all the facts of the case.

3. I submit that the above M.O.P is filed by me and others, for grant of
compensation on account of the death of my husband in a motor vehicle accident,
and wherein the above said matter was settled before Lok-Adalat, and pass an
award of Rs: 3,00,000/- with subsequent interest at the rate of 7% p.a. from the
date of the petition till realization, and the insurance company has deposited the
total amount of Rs: 3,00,000/- in this Honourable court towards full satisfaction
of the award amount.

4. I further submit that in the above said award, out of the total award amount I
am entitle to an amount of Rs: 2, 00,000/- towards my share, and in the said
amount, I was permitted to receive half of my share amount of Rs: 1,00,000/- out
of compensation, now I am filed this petition to permit to withdraw an amount of
Rs:1,00,000/-, which was deposited by the insurance company.

5. I further submit that I have opened a saving Bank account bearing No:
7972500101388401 of The Karnataka Bank, Vizianagaram, and where in the
pass book is here with filed. I do here by undertaking that I will re- deposit the
said withdrawn amount in to the court as and when so directed.

6. I there fore, humbly prays that the Honorable Court may be pleased to issue
account payee cheque for Rs:1,00,000-00 (Rupees one lakh only) in my favor and
the said cheque may be sent to the Branch Manager, The Karnataka Bank,
Vizianagaram to credit the same to my SB account No: 7972500101388401, in
the interest of justice.

DEPONENT.
Solemnly affirmed before me on this day, September, 2015, at Vizianagaram.
 69
Advocate, A.O.

IN THE HONOURABLE COURT OF THE M.A.C.T- PRINCIPAL

DISTRICT JUDGE VIZIANAGARAM.

I. A. NO: /2015, M. O. P. NO: 519 /2013.

Between:-
Sri. B. Devudamma and another ---------- Petitioners.

AND:-
Sri. D. Kali Prasad and others, ----------- Respondents.

AFFIDAVIT FILED UNDER ORDER 19 RULE 1 OF CIVIL PROCUDURE CODE.

1. I Bandaru Devudamma W/o late Suryanarayan, Hindu, aged about 51

years, house wife, R/o Madanapuram Viilage, Gantyada Mandal, Vizianagaram
district, present at Vizianagaram, do here by solemnly affirm and state on oath as
follows:-
2. I am the 1st Petitioner herein, and I know all the facts of the case.

3. I submit that the above M.O.P is filed by me and others, for grant of
compensation on account of the death of my husband in a motor vehicle accident,
and wherein the above said matter was settled before Lok-Adalat, and pass an
award of Rs: 3,00,000/- with subsequent interest at the rate of 7% p.a. from the
date of the petition till realization, and the insurance company has deposited the
total amount of Rs: 3,00,000/- in this Honourable court towards full satisfaction
of the award amount.

4. I further submit that in the above said award, out of the total award amount I
am entitle to an amount of Rs: 2,00,000/- towards my share, and in the said
amount, I was permitted to receive half of my share amount of Rs:1,00,000/- out
of compensation, now I am filed this petition to permit to withdraw an amount of
Rs:1,00,000/-, which was deposited by the insurance company.

5. I further submit that I have opened a saving Bank account bearing No:
7972500101388401 of The Karnataka Bank, Vizianagaram, and where in the
pass book is here with filed.

6. I further submit that I am here with filing the receipt, and payment schedule,
undertaking affidavit and part satisfaction memo which, I pray they my be read as
a part of this affidavit.

7. I therefore, humbly prays that the Honorable Court may be pleased to issue
account payee cheque for Rs: 1,00,000 -00 ( Rupees one lakh only) in my favor
and the said cheque may be sent to the Branch Manager, The Karnataka Bank,
Vizianagaram to credit the same to my SB account No: 7972500101388401, in
the interest of justice.
 70

DEPONENT.
Solemnly affirmed before me on this day, September, 2015, at Vizianagaram.

Advocate, A.O.

IN THE HONOURABLE COURT OF THE M.A.C.T- PRINCIPAL

DISTRICT JUDGE VIZIANAGARAM.

I. A. NO: /2015, M. O. P. NO: 519 /2013.

Between:-
1. Smt. Bandaru Devudamma W/o late Suryanarayan, Hindu, aged about
51 years, house wife, R/o Madanapuram Viilage, Gantyada Mandal,
Vizianagaram district, present at Vizianagaram

2. Bandaru Demudu Babu S/o late Suryanarayan, Hindu, aged about 30 years,
cultivation, R/o Madanapuram Viilage, Gantyada Mandal, Vizianagaram
district, present at Vizianagaram.

3. Bandaru Rama Rao S/o late Suryanarayan, Hindu, aged about 27 years,
Cultivation, R/o Madanapuram Viilage, Gantyada Mandal, Vizianagaram
district, present at Vizianagaram
------------- Petitioners.
AND:-

1. Sri. Dwarapudi Kali Prasad S/o Suryanarayana, age 34 Years,

Hindu, Driver of TATA Ace, bearing No. A. P 35V 4991, R/o Kotha
Velagada Village, Gantyada mandal, Vizianagaram district.

2. Shrirama Genaral Insurance Company Ltd,

Rep. by its Divisional Manager, Divisional Office,
Dwaraka Nager, Visakhapatnam.
------------ Respondents.

PETITION FILED UNDER RULES 232 TO 235 OF CIVIL RULES OF

PRACTICE.

For the reasons stated in the accompanying affidavit, the 1st petitioner
humbly prays that the Honourable court may be pleased to issue an account payee
cheque for Rs: 1, 00,000-00(Rupees one lakh only) in favor of the 1 st petitioner, i.
e., Smt. Bandaru Devudamma w/o late Suryanarayana, the said cheque may be
sent to the Branch Manager, The Karnataka Bank, Vizianagaram to credit the
same to her SB account No: No: 7972500101388401, in the interest of justice.

Advocate for the 1st petitioner.

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FILED BY: -

V. DEMUDUD BABU
ADVOCATE
VIZIANAGARAM

CHEQUE PETITION

IN THE HONOURABLE COURT OF

THE M.A.C.T-Addl. DISTRICT JUDGE
-SPL. JUDGE FOR SCs & STs CASES
(POA) AT VIZIANAGARAM

I.A.NO: /2016

IN

M.O.P. NO: 222 /2009.

PETITION FILED UNDER RULE 232

TO 235 OF CIVIL RULES PRACTICE
BY THE PETITIONER

FILED ON:-
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