THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.73 OF 2010 DATED:08-12- 2010. Between P.Naga Krishna. … Appellant-Opposite party And 1.Kadari Yellaiah and another …Respondents-Applicants THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.73 OF 2010 JUDGMENT: This appeal is filed against the order, dated 10-12-2009, in I.A.No.6 of 2009 in W.C.No.89 of 2005 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour-II, Hyderabad, whereunder and whereby the petition filed under Order IX Rule 13 CPC to set aside the ex parte order, dated 15-06-2009, was dismissed. 2. In the trial Court, the evidence on behalf of the applicants was completed. When the case is coming for the evidence of opposite party, he himself examined as a witness and the case is coming up for further evidence on behalf of the opposite party. From 16-12-2008 to 30-03- 2009, the applicants as well as opposite party did not attend the Court. Therefore, basing on the material available on record, the order impugned was passed on 15-06-2009 on merits. Therefore, under no stretch of imagination, it can be said that it is an ex parte order. Hence, there are no grounds to interfere with the same. 3. Accordingly, the Civil Miscellaneous Appeal is dismissed leaving open the remedies available to the appellant under law. No order as to costs. -------------------- K.C.BHANU, J DATED:08-12- 2010 Hsd