APHC010298782017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 1081/2017 Between: 1. THE ORIENTAL INSURANCE CO LTD, REPRESENTED BY ITS BRANCH MANAGER, 1ST FLOOR, SRI JANAKI NURSING HOME, NEAR VIVEKANANDA STATUE, CHIRALA ROAD, CHILKALURIPET, GUNTUR DISTRICT. ...APPELLANT AND 1. SIR LUKKA SIVAIAH AND ANOTHER, S/O.VEERASWAMY, HINDU, AGED ABOUT 58 YEARS, R/O.D.NO.9-208, SOMASUNDARAPALEM, KATEVARAM (P), TENALI (M), GUNTUR DISTRICT 2. T VENKATA KISHORE, S/O.VENKATESWARLU, OWNER OF LORRY NO.AP 07W 6737, R/O.D.NO.9-99, KATEVARAM POST, TENALI MANDAL, GUNTUR DISTRICT ...RESPONDENT(S): Appeal Under Section_____against ordersagainst the order dt. 06/12/2016 passed in EC.No. 40 of 2013 on the file of the Commissioner for Employees Compensation & Assistant Commissioner of Labour, Tenali IA NO: 1 OF 2017(CMAMP 1867 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 71 days in represneting the CMA IA NO: 2 OF 2017(CMAMP 1868 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 172 days in filing of the appeal against the Order Dated:06.12.2016 passed in E.C. No. 40/2013 on the file of the Commissioner for Employees Compensation & Assistant Commissioner of Labour, Tenali and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. IA NO: 3 OF 2017(CMAMP 1869 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings of the Order Dated:06.12.2016 passed in E.C. No. 40/2013 on the file of the Commissioner for Employees Compensation & Assistant Commissioner of Labour, Tenali, pending disposal of the main appeal and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Appellant: 1. S A V RATNAM Counsel for the Respondent(S): 1. THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 1081/2017 JUDGMENT: None appears for the appellant. 2. On last occasion i.e., on 12.08.2025, time was sought for to file application to bring the legal heirs of the deceased 1st respondent on record. No such application is filed. The earlier order provided default clause that in case such application is not filed, the appeal stands dismissed against the 1st respondent as abated. Hence, appeal against the 1st respondent stands dismissed as abated. 3. The 2nd respondent remained ex parte before the competent authority. 4. In view of the same, appeal against both the respondents stands dismissed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date: 02.09.2025 ANS 253 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 1081/2017 Date: 02.09.2025 ANS