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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 25^TH DAY OF MARCH 2021

BEFORE

THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO

M.F.A.No.25365/2012 c/w

M.F.A. CROB.No.100107/2014 (WC)

IN MFA NO 25365 OF 2012

BETWEEN

CHANNAVASAVESWAR GINNING FACTORY,

REP: BY ITS OWNER

SHRI. VEERUPAKSHAPPA

S/O BARAMAPPA BIDARAGADDI,

R/O KARJAGI, TQ:DIST: HAVERI.

.....APPELLANT

(BY SRI B M PATIL, ADV.)

AND

YALLAPPA S/O FAKKIRAPPA LOKAPUR,

AGE: 25 YEARS, OCC: NILL,

R/O HAVERI, TQ:DIST: HAVERI.

…..RESPONDENT

(BY SRI D M MANJUNATH, ADV.)

THIS MFA IS FILED U/SEC.30 OF W.C. ACT, AGAINST THE

JUDGMENT AND ORDER DT:19.06.2012, PASSED IN W.C.A NF -

91/2009 ON THE FILE OF THE LABOUR OFFICER AND

COMMISSIONER

FOR

WORKMENS

COMPENSATION,

SUB-

DIVISION-2,

HAVERI

DISTRICT

HAVERI

AWARDING

THE

COMPENSATION OF RS.2,08,234/- WITH INTEREST AT THE

RATE OF 12% P.A. FROM THE DATE OF PETITION AND SHALL

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BE DEPOSITED WITHIN ONE MONTH FROM THE DATE OF THE

ORDER.

IN MFA.CROB NO 100107 OF 2014

BETWEEN

YELLAPPA LOKAPUR S/O. FAKKIRAPPA

AGE: 30 YEARS, OCC: NIL,

VIJAYANAGAR BADAVANE

HAVERI.

.....CROSS OBJECTOR

(BY SRI D M MANJUNATH, ADV.)

AND

CHANNABASAVESHWARA

GINNING FACTORY

BY ITS OWNER : SHREE VEERUPAKSHAPPA

S/O. BARAMAPPA BIDARGADDI

R/O. KARJAGI, TQ and DIST: HAVERI

…..RESPONDENT

THIS MFA.CROB IN MFA NO.25365/2012 FILED U/O.41

RULE 22 OF CPC R/W SEC.30(1) OF WC ACT, 1923, AGAINST

THE JUDGMENT AND AWARD DATED 19.06.2012 PASSED IN

W.C.N.F.NO.91/2009 ON THE FILE OF THE LABOUR OFFICER

AND COMMISSIONER FOR WORKMEN COMPENSATION AT

HAVERI, PRAYING TO ENHANCE AND MODIFY THE AWARD.

THIS APPEAL AND CROSS OBJECTION COMING ON FOR

ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Learned

counsel

for

respondent

in

M.F.A.

No.25365/2012 has filed a memo reporting the death of

sole respondent on 22.01.2018.

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2.

The sole respondent is the sole cross objector

in M.F.A.Crob.No.100107/2014.

3.

Memo is placed on record.

4.

Steps have not been taken to bring the legal

representatives of the sole respondent within the statutory

period. Hence, appeal as well as cross objection are

dismissed as abated.

Sd/-

JUDGE

Naa