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Bombay High Court

MAHARASHTRA KRISHNA VALLEY DEVELOPMENT COR-POR.THRO.ITS THE EXECUTIVE ENGINEER NEERA DEOGHAR PROJECversusSHRI. GANPAT DHONDU MALUSARE (DEAD)THROUGH POWER OF ATTORNEY HOL 1. JAWAJI GANPATI MALUSARE AND ORS

Decided
Disposal
Disposed Off

Holding

The court condoned the delay, set aside the abatement, allowed the amendment to include the heirs, stayed the 2012 judgment, and permitted withdrawal of the duplicate application.

Summary

The Maharashtra Krishna Valley Development Corporation filed a first appeal against the deceased Ganpat Dhondu Malusare and others, accompanied by several civil applications seeking procedural reliefs. The appellant sought withdrawal of a withdrawn application and a duplicate application, condonation of an 8‑month delay in filing another application, setting aside an order of abatement, inclusion of the legal heirs of the deceased respondents, and a stay on the execution of a 2012 judgment. The court allowed the withdrawal of the duplicate application, condoned the delay as genuine and set aside the abatement order, permitted the amendment to bring the heirs on record, and stayed the operation of the 2012 judgment pending final disposal of the appeal. The court dismissed only formal objections raised by the respondents and ordered the necessary amendments and service of process. No substantive merits of the underlying appeal were decided; the appeal was listed for hearing on 10 March 2026. The orders were made pursuant to the court’s inherent powers under the Civil Procedure Code.

Issues considered

  • Whether the 8‑month delay in filing the civil application can be condoned and the abatement order set aside.
  • Whether the legal heirs of a deceased respondent may be added to the appeal as parties.
  • Whether a stay of execution of the 2012 judgment and award is warranted.
  • Whether a duplicate civil application may be withdrawn.

Subjects

  • civil procedure
  • condonation of delay
  • abatement
  • amendment of parties
  • stay of execution
  • withdrawal of applications
  • heirs
  • appeal

Judgment

                                                                                24-FA-855-2014.doc


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

           Digitally
                                             CIVIL APPELLATE JURISDICTION
           signed by
           KANCHAN
KANCHAN
PRASHANT
           PRASHANT
           DHURI
                                             FIRST APPEAL NO. 855 OF 2014
DHURI      Date:
           2026.03.04
           21:30:14
           +0530        Maharashtra Krishna Valley Development Corporation       … Appellant
                                 Versus
                        Shri. Ganpat Dhondu Malusare,
                        since deceased through his LRs
                        1. Jawaji Ganpati Malusare and others                    … Respondents
                                                          WITH
                                          CIVIL APPLICATION NO. 1631 OF 2018
                                          CIVIL APPLICATION NO. 2478 OF 2014
                                          CIVIL APPLICATION NO. 1630 OF 2018
                                          CIVIL APPLICATION NO. 1634 OF 2018
                                          CIVIL APPLICATION NO. 1632 OF 2018
                                                            IN
                                             FIRST APPEAL NO. 855 OF 2014
                                                        ………...
                        Mr. Ashish Gabhale instructed by Jay & Co., Advocate for the Appellant.
                        Ms. Amrita Kharkar alongwith Ms. Neha Pende instructed by P.H.
                        Potnis, Advocate for the Respondents No.1A to 1G.
                        Mr. A.R. Patil, Additional Government Pleader for the State.
                                                        ………...
                                                        CORAM      :      ABHAY AHUJA, J.
                                                        DATE        :     4 MARCH 2026
                        P.C. :
                        Civil Application No.1631 of 2018 & Civil Application No. 1634 of
                        2018:
                        1.          When the matter is called out, Mr. Gabhale, learned Counsel,

                        appears for the Applicant and at the outset submits that the Civil

                        Application No.1631 of 2018 has already been withdrawn and Civil

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Application No.1634 of 2018 is a duplicate application and may be

permitted to be withdrawn.

2.         Ms. Kharkar, learned Counsel, appearing for the Respondents

has no objection.

3.         The Civil Application No.1631 of 2018 be removed from the

Board as the same has already been withdrawn.

4.         The Civil Application No.1634 of 2018 is allowed to be

withdrawn and disposed as such.



Civil Application No.1632 of 2018 :

5.         This Civil Application seeks condonation of delay of 8 months

and 15 days in filing the Civil Application and for setting aside the

order of abatement dated 24th November 2016 passed by the Registrar

(Judicial).

6.         When the matter is called out, Mr. Gabhale, learned Counsel,

appears and submits that as the Respondent No.1 died on 11 th July

1999 and the Applicant was not aware about the said death, which he

came to know from the report filed by the Court Bailiff, when he had

gone for serving notice of the Appeal and that although the Applicant

tried his level best to search the names of legal heirs of the Respondent

No.1 which he found from the Office of the Tahsildar-Bhor in July

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2017 and therefore it took time to furnish the details of the legal heirs

of the Respondent No.1 and thereafter, filed this Application.

7.          Mr. Gabhale refers to paragraphs 2 to 5 of the Application and

submits that the reasons for the delay are genuine and bonafide and

that the delay is not intentional and may be condoned and the

abatement of the First Appeal as against the Respondent No.1 be set

aside.

8.          Ms. Kharkar, learned Counsel, appearing for the Respondents-

Claimants raises only a formal objection.

9.          Having heard the learned Counsel and having considered

their submissions and having perused paragraphs 2 to 5 of the

Application, this Court is of the view that the delay be condoned and

the abatement be set aside.

10.         The Civil Application is accordingly allowed in terms of prayer

clauses (a) and (b), which read thus :

              (a) Condone the delay of 8 months and 15 days
              caused in filing the present Civil Application;
              (b) This Hon’ble Court may be pleased to set
              aside the order of abatement passed by REGISTRAR
              (JUDL-II) dated 24th November 2016 in Civil
              Application No.2478/2014 in First Appeal No.855
              of 2014.
11.         The Civil Application accordingly stands allowed and disposed

as above.

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Civil Application No.1630 of 2018 :

12.        This Civil Application seeks to bring on record the heirs/legal

representatives of the deceased Respondent No.1 and thereafter of

deceased Respondent No.1a.

13.        Mr. Gabhale, learned Counsel, appears for the Applicant and

submits that for the very same reasons as in Civil Application No.1632

of 2018, this Civil Application also be allowed.

14.        Ms. Kharkar, learned Counsel, appearing for the Respondent/

Claimant raised only a formal objection.

15.        Ms. Kharkar submits that once this Application is allowed,

vakalatnama on behalf of the surviving legal heirs viz. Respondents No.

(1a) to (1g), (1a-i) to (1a-iii) would be filed.

16.        Having heard the learned Counsel and having considered

their submissions, the Civil Application is allowed in terms of prayer

clause (a), which reads thus :

                    (a) Allow and permit the applicant to bring
                    respondent No.(1a) to (1g) as legal heirs of
                    the original Respondent No.1 and (1a-i) to
                    (1a-iii) as legal heirs of deceased (1a) on
                    record in the First Appeal filed by the
                    applicant.
17.        Let the amendments be carried out forthwith and the

amended proceedings be served on the others by the next date and an


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appropriate affidavit of service be filed.    Reverification is dispensed

with.



Civil Application No.2478 of 2018 :

18.        This Civil Application seeks stay on the operation, execution

and implementation of the Judgment and Award dated 31 st August

2012.

19.        Mr.   Gabhale,    learned     Counsel,    appears      for     the

Appellant/Applicant and submits that the decretal amounts alongwith

the interest have already been deposited in the reference Court in

September 2025 and that therefore this Court may stay the impugned

Judgment and Award dated 31st August 2012.

20.        Ms. Kharkar, learned Counsel, appearing for the Respondents/

Claimants has no objection and submits that the proper application will

be made for such withdrawal, if not already withdrawn.

21.        Having herd the learned Counsel and having considered their

submissions, the operation, execution and implementation of the

Judgment and Award dated 31st August 2012 passed by the learned Ad-

hoc District Judge-2 & Additional Sessions Judge, Pune in Reference

Petition No.266 of 2000 is stayed till the final disposal of the Appeal.




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22.         The Civil Application accordingly stands allowed and disposed

as above.



First Appeal No. 855 of 2014 :

23.         List the First Appeal alongwith the connected First Appeals on

10th March 2026.



                                                    (ABHAY AHUJA, J.)




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