Maharashtra Krishna Valley Development Corporation Thr.Its the Executive Engineer vs Shri. Namdeo Bhagwan Malusare and Ors. — Bombay HC (2025) — LawSathi Research

Maharashtra Krishna Valley Development Corporation Thr.Its the Executive Engineer vs Shri. Namdeo Bhagwan Malusare and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The Interim Applications allowed: the First Appeals (Nos. 857, 859, 861 and 862 of 2014) and connected Applications restored to file, subject to payment of costs of Rs.10,000/- in each matter to the High Court Employees Medical Welfare Fund at Mumbai within four weeks; First Appeals to be listed on 20th January 2026 along with other group matters.

Issue for consideration

Whether the First Appeals dismissed for non-prosecution on 14th January 2025 ought to be restored to the file of the Court.

Court's answer

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

Ratio / Principle

Restoration was conditioned on payment of costs of Rs.10,000/- in each of the matters to the High Court Employees Medical Welfare Fund at Mumbai, within a period of four weeks.

Key takeaways

On compliance with the costs condition, the First Appeals and the other connected Applications stand restored to file.ratio¶50

Detailed headnote1 paragraphs

Bombay High Court (Abhay Ahuja, J.), order dated 10th November 2025 in Interim Applications Nos. 3367, 3368, 3369 and 3422 of 2025: four First Appeals of 2014 (Nos. 857, 859, 861 and 862 of 2014) of Maharashtra Krishna Valley Development Corporation, dismissed for non-prosecution on 14th January 2025, restored to file. Counsel for the Corporation explained that its advocate missed the call due to a scheduling conflict between matters, the non-appearance being neither willful nor intentional, and urged that parties should not suffer for an advocate's mistake; counsel also stated the Corporation is a Government body providing irrigation facilities, acquires land for public purposes, and has deposited part of the awarded amount. Respondent No.1's counsel left the matter to the Court's orders. Restoration granted subject to payment of costs of Rs. 10,000/- in each matter to the High Court Employees Medical Welfare Fund, Mumbai, within four weeks; appeals listed for 20th January 2026.

7-8 IA 3367 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 3367 OF 2025

VAISHALI ANIL TIKAM

Digitally signed by VAISHALI ANIL TIKAM Date: 2025.11.11 18:24:36 +0530

IN

FIRST APPEAL NO. 859 OF 2014

Maharashtra Krishna Valley Development Corporation thr. Its The Executive Engineer

...Applicant/ Appellant

V/s.

Shri Namdeo Bhagwan Malusare and Ors. ...Respondents

WITH INTERIM APPLICATION NO. 3368 OF 2025 IN

FIRST APPEAL NO. 862 OF 2014

Maharashtra Krishna Valley Development Corporation thr. Its The Executive Engineer ...Applicant/ Appellant

V/s.

Raghu Dhondu Malusare since deceased Thr. His LRs. 1A) Baban Raghu Malusare and Ors. ...Respondents

INTERIM APPLICATION NO. 3369 OF 2025 IN

FIRST APPEAL NO. 861 OF 2014

Maharashtra Krishna Valley Development Corporation thr. Its The Executive Engineer ...Applicant/ Appellant

V/s.

Tikam 1/4

7-8 IA 3367 of 2025.doc

Tanhu Anu Malusare and Ors.

...Respondents

INTERIM APPLICATION NO. 3422 OF 2025 IN

FIRST APPEAL NO. 857 OF 2014

Maharashtra Krishna Valley Development Corporation thr. Its The Executive Engineer ...Applicant/ Appellant

V/s.

Shri Kondiba Raya Malusare and Ors.

...Respondents

Ms. Shraddha Dubopatil i/b. Jay & CO., Advocate for the Applicant / Appellant.

Ms. Shilpa G. Talhar, AGP for State.

Mr. Abhijit Singh i/b. P. Potnis, Advocate for the Respondent No.1.

CORAM : ABHAY AHUJA, J. DATE : 10th NOVEMBER, 2025

P.C. :

These Interim Applications seek restoration of the First Appeals that were dismissed for non-prosecution on 14^th January 2025.

Ms.Dubopatil, 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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7-8 IA 3367 of 2025.doc

Ms. Dubopatil 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 agriculture 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. Dubopatil submits that this Court may, therefore, in the interest of justice restore the Appeals to the file.

Mr. Abhijit Singh, learned Counsel, appearing for the Respondent 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 applications be allowed, subject to payment of costs.

Accordingly, subject to payment of costs of Rs.10,000/- in each of the matters to the High Court Employees Medical Welfare Fund at Mumbai, within a period of four weeks, the First Appeals and the other

Tikam 3/4

7-8 IA 3367 of 2025.doc

connected Applications are restored to file.

The Interim Applications accordingly stand allowed and disposed as above.

Subject to the above, list the First Appeals on 20^th January 2026 along with the other group matters.

(ABHAY AHUJA, J.)

Tikam 4/4