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Karnataka High Court

Krishnamma Ramudu Peddapalli vs Ajay C Pujar on 12 November, 2025

                                                     -1-
                                                              NC: 2025:KHC-D:15441
                                                            MFA No. 20597 of 2013


                           HC-KAR




                        IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                          DATED THIS THE 12TH DAY OF NOVEMBER, 2025
                                              BEFORE
                        THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                      MISCELLANEOUS FIRST APPEAL NO. 20597 OF 2013 (WC)


                           BETWEEN:
                           1.   SMT. KRISHNAMMA
                                W/O. RAMUDU PEDDAPALLI,
                                AGE: 37 YEARS, OCC: HOUSEHOLD WORK,
                                R/O : VANTAMURI COLONY, BELGAUM,
                                DIST: BELGAUM.

                           2.   KUMARI NAVEENA
                                D/O. RAMUDU PEDDAPALLI,
                                AGE: 16 YEARS, OCC: NIL,
                                R/O : VANTAMURI COLONY, BELGAUM,
                                DIST: BELGAUM.

                           3.   KUMAR HARIKRISHNA
GIRIJA A.
BYAHATTI                        S/O. RAMUDU PEDDAPALLI,
Digitally signed by
                                AGE: 14 YEARS, OCC: NIL,
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
                                R/O : VANTAMURI COLONY, BELGAUM,
KARNATAKA
DHARWAD BENCH
DHARWAD                         DIST: BELGAUM.

                           4.   KUMAR ANIL
                                S/O. RAMUDU PEDDAPALLI,
                                AGE: 07 YEARS, OCC: NIL,
                                R/O : VANTAMURI COLONY, BELGAUM,
                                DIST: BELGAUM.
                                (APPELLANTS NO.2 TO 4 ARE MINORS,
                                REPRESENTED BY M/G APPELLANT NO.1 MOTHER)
                            -2-
                                       NC: 2025:KHC-D:15441
                                   MFA No. 20597 of 2013


HC-KAR




5.   SMT. NARASAMMA
     W/O. NARAYAN PEDDAPALLI,
     AGE: 67 YEARS, OCC: NIL,
     R/O : VANTAMURI COLONY, BELGAUM,
     DIST: BELGAUM.

                                               ...APPELLANTS
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
AND:
SHRI AJAY C. PUJAR,
PARTNER OF M/S INFINITY CONSTRUCTIONS,
AGE: 46 YEARS, OCC: ENGINEER,
R/O: SHARADA CONSTRUCTING CENTRE,
COLLEGE ROAD, BELGAUM,
DIST: BELGAUM.
                                              ...RESPONDENT


      THIS MFA IS FILED UNDER SECTION 30(1) OF WORKMEN'S
COMPENSATION ACT PRAYING TO SET ASIDE THE JUDGMENT
PASSED   BY   LABOUR   OFFICER   AND   COMMISSIONER     FOR
WORKMEN'S COMPENSATION SUB-DIV-1, BELGAUM, KA PA
KA/SR-38/2011 DATED 08/11/2012 AND AWARD APPROPRIATE
COMPENSATION BY ALLOWING THIS APPEAL IN THE INTEREST
OF JUSTICE AND EQUITY.


      THIS APPEAL, COMING ON FOR DISMISSAL THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM:   THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                                 -3-
                                            NC: 2025:KHC-D:15441
                                          MFA No. 20597 of 2013


HC-KAR




                           ORAL ORDER

(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) No representation on appellants' side on call.

2. On 31.10.2025 following order was passed:

"No representation on appellants' side on call. On 25.07.2025, the following order was passed:
"The Registry has brought to the notice of the Court that one letter stated to have been addressed by the appellant/claimant addressing to the Additional Registrar General with a thumb impression and affixed photo, states that the respondent is not at all responsible for the death and it was not at all connected with the employment; therefore, she does not want to pursue the appeal. Hence, requested to dismiss the appeal.
2. Whether this letter is genuine or not, and whether the claimant/appellant herself has instructed to write letter, are questions to be determined. Learned counsel for the appellant, Sri.Hanumat R Latur, also submitted that there is no communication from the claimant/appellant also the Advocate appearing before the Trial Court is unaware of the claimant's whereabouts. Therefore, learned Advocates have expressed their helplessness regarding pursuing the appeal on merits.
3. However, one more chance is given to verify whether this letter addressed to the Court is genuinely written by the claimant/appellant -4- NC: 2025:KHC-D:15441 MFA No. 20597 of 2013 HC-KAR herself or it is created by the respondent since who is only contesting party.
Call the case after two weeks."

Though basing on the letter that was received by the Registry, the appeal cannot be dismissed, yet without representation of the appellants, the appeal cannot be disposed of on merits.

Therefore, this Court orders that in case the appellants fails to represent the matter on 12.11.2025, the appeal will be dismissed for non- prosecution.

List on 12.11.2025 under the caption 'for Dismissal'."

3. Though aforementioned order was passed and an opportunity is give to the appellants to represent, the appellants did not turn up.

4. Therefore, the appeal stands dismissed for non-

prosecution.

Sd/-

(CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 17