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
- Bench
- ABHAY AHUJA
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 The appellant sought withdrawal of a withdrawn application and a duplicate application, condonation of an 8‑month delay in filing another application, setting aside an order of abatement, inclusion of the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- Whether a duplicate civil application may be withdrawn.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
Kanchan Dhuri 1/6
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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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24-FA-855-2014.doc
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.)
Kanchan Dhuri 6/6
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