Maharashtra Krishna Valley Development Cor-Por.Thro.Its the Executive Engineer Neera Deoghar Projec vs Shri. Raya Kondu Malusare Since Dec. Thr. His Lrs. and Ors. — Bombay HC (2025) — LawSathi Research

Maharashtra Krishna Valley Development Cor-Por.Thro.Its the Executive Engineer Neera Deoghar Projec vs Shri. Raya Kondu Malusare Since Dec. Thr. His Lrs. and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The Interim Application was allowed and disposed of; the First Appeal No. 860 of 2014 and other connected Applications stand restored to file subject to payment of costs of Rs.10,000/- to the High Court Employees Medical Welfare Fund at Mumbai within four weeks, and the First Appeal is to be listed on 4 November 2025 along with other group matters.

Issue for consideration

Whether the Interim Application seeking restoration of the First Appeal dismissed for non-prosecution on 14 January 2025 should be allowed.

Court's answer

Having heard the learned Counsel and considered their submissions, the Court held that the application be allowed, subject to payment of costs.

Ratio / Principle

Subject to payment of costs of Rs.10,000/- to the High Court Employees Medical Welfare Fund at Mumbai within a period of four weeks, the First Appeal and the other connected Applications are restored to file.

Detailed headnote1 paragraphs

Interim Application No. 3356 of 2025 in First Appeal No. 860 of 2014 — Maharashtra Krishna Valley Development Corporation (through the Executive Engineer, Neera Deoghar Project) v. Raya Kondu Malusare and others (Bombay High Court, Abhay Ahuja, J., 18 September 2025): The Court allowed an interim application for restoration of the First Appeal that had been dismissed for non-prosecution on 14 January 2025, directing restoration of the appeal and other connected applications to file subject to payment of costs of Rs.10,000/- to the High Court Employees Medical Welfare Fund at Mumbai within four weeks. The appeal was directed to be listed on 4 November 2025 along with other group matters. Counsel for the applicant had urged that the parties should not suffer for the mistake or inadvertence of their advocates where there is no deliberate intention to delay proceedings, and that the applicant, a government corporation executing public irrigation projects, had deposited part of the awarded amount and had a good case on merits; counsel for respondent no.1 left the matter to the orders of the Court. No statute or precedent was cited.

3-IA-3356-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 3356 OF 2025 IN

FIRST APPEAL NO. 860 OF 2014

MAHARASHTRA KRISHNA VALLEY ) DEVELOPMENT CORPORATION ) THROUGH THE EXECUTIVE ENGINEER ) NEERA DEOGHAR PROJECT )...APPLICANT

V/s.

RAYA KONDU MALUSARE AND ORS. )...RESPONDENTS

Mr.Ashish Gabhale i/by Jay & Co., Advocate for the Applicant. Mr.Abhijit Singh i/by P. Potnis, Advocate for the Respondent no.1.

CORAM : ABHAY AHUJA, J. DATE : 18^th SEPTEMBER 2025

P.C. :

This Interim Application seeks restoration of the First Appeal that

was dismissed for non-prosecution on 14^th January 2025.

ARTI VILAS KHATATE

Digitally signed by ARTI VILAS KHATATE Date: 2025.09.18 20:42:50 +0530

Mr.Gabhale, learned Counsel, appears for the Applicant and submits that the Advocate was unable to manage the scheduling of conflict between different matters resulting into non-appearance when the matter was called out. That, the non-appearance was neither willful nor intentional but beyond the control of the Advocate.

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3-IA-3356-2025.doc

Mr.Gabhale submits that it is a well settled principle of law that the parties should not suffer due to mistake or inadvertence of their Advocates, particularly, when there is no deliberate intention to delay the proceedings.

It is submitted that the Applicant/Appellant is a Government organization providing vital irrigation facilities and executing large scale irrigation projects to enhance agricultural productivity and regional development. That, the Applicant-Corporation has been acquiring land for public purposes for the welfare of the community. That, the Applicant has deposited part of the awarded amount and has a good case on merits.

Mr.Gabhale submits that this Court may, therefore, in the interest of justice restore the Appeal to the file.

Mr.Abhijit Singh, learned Counsel, appearing for the Respondents no.1 leaves it to the orders of the Court.

Having heard the learned Counsel and having considered their submissions, this Court is of the view that the application be allowed, subject to payment of costs.

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3-IA-3356-2025.doc

Accordingly, subject to payment of costs of Rs.10,000/- to the High Court Employees Medical Welfare Fund at Mumbai, within a period of four weeks, the First Appeal and the other connected Applications are restored to file.

The Interim Application accordingly stands allowed and disposed as above.

Subject to the above, list the First Appeal on 4^th November 2025 along with the other group matters.

(ABHAY AHUJA, J.)

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