24-FA-855-2014.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 855 OF 2014 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appears for the Applicant and at the outset submits that the Civil Application No.1631 of 2018 has already been withdrawn and Civil Kanchan Dhuri 1/6 KANCHAN PRASHANT DHURI Digitally signed by KANCHAN PRASHANT DHURI Date: 2026.03.04 21:30:14 +0530 24-FA-855-2014.doc Application No.1634 of 2018 is a duplicate application and may be permitted to be withdrawn. 2.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 The Civil Application No.1631 of 2018 be removed from the Board as the same has already been withdrawn. 4. The Civil Application No.1634 of 2018 is allowed to be withdrawn and disposed as such.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 11th 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 Kanchan Dhuri 2/6 24-FA-855-2014.doc 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. Kanchan Dhuri 3/6 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 Kanchan Dhuri 4/6 24-FA-855-2014.doc 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 31st 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. Kanchan Dhuri 5/6 24-FA-855-2014.doc 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