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Bombay High CourtCA/2502/2026admittedallowedgrantedrule absolute

The Maharashtra Krushna Valley Development Co. Thr Ex. Engineer, Medium Project Osmanabad And ORS v. Balasaheb Vishwanath Shinde.

2026-05-06Hon'Ble Shri Justice Siddheshwar Sundarrao Thombre4 pages

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1359 OF 2026 IN FAST/5237/2022 BALASAHEB VISHWANATH SHINDE AND ANR.

VERSUS

THE MAHARASHTRA KRUSHNA VALLEY DEVELOPMENT CO. THR EX. ENGINEER, MEDIUM PROJECT OSMANABAD AND ORS.

...

Advocate for Applicant : Mr. Mahesh P. Kale AGP for Respondents-State : Ms. D. S. Jape Advocate for Respondent No. 1 : Mr. Anil M. Gaikwad ...

WITH CIVIL APPLICATION NO. 1358 OF 2026 IN FAST/5237/2022 BALASAHEB VISHWANATH SHINDE

VERSUS

THE MAHARASHTRA KRUSHNA VALLEY DEVELOPMENT CO. THR EX. ENGINEER, MEDIUM PROJECT OSMANABAD AND ORS ...

WITH CIVIL APPLICATION NO. 1212 OF 2026 IN FAST/5258/2022 GOKUL VISHWANATH SHINDE AND ANR

VERSUS

THE MAHARASHTRA KRUSHNA VALLEY D ...

WITH CIVIL APPLICATION NO. 2388 OF 2026 IN FAST/5258/2022 THE MAHARASHTRA KRUSHNA VALLEY DEVELOPMENT CO. THR EX. ENGINEER, MEDIUM PROJECT OSMANABAD AND ORS.

VERSUS

GOKUL VISHWANATH SHINDE AND ANR.

-2- ...

Advocate for Applicant : Mr. Anil M. Gaikwad Advocate for Respondents : Mr. Mahesh P. Kale WITH CIVIL APPLICATION NO. 2502 OF 2026 IN FAST/5237/2022 THE MAHARASHTRA KRUSHNA VALLEY DEVELOPMENT CO. THR EX. ENGINEER, MEDIUM PROJECT OSMANABAD AND ORS

VERSUS

BALASAHEB VISHWANATH SHINDE.

...

CORAM : SIDDHESHWAR S. THOMBRE, J.

Date : 6th May, 2026 PER COURT :- CIVIL APPLICATION NO. 2502 OF 2026 IN FAST/5237/2022 AND CIVIL APPLICATION NO. 2388 OF 2026 IN FAST/5258/2022 By these applications, the applicants pray that the order dated 18.10.2022 passed by this Court be set aside and the delay of 1215 days in filing application for restoration of F.A. (St.) No. 5258 of 2022 and F.A. (St.) No. 5237 of 2022 be condoned. For the reasons stated in the applications, both Civil Applications are allowed in terms of prayer clauses (A) and (B). Appeal/s be restored.

-3CIVIL APPLICATION NO. 1358 OF 2026 IN FAST/5237/2022 By this application, the applicants seek the impleadment (addition) of parties. Specifically, the applicants seek permission to add Applicant No. 2 as a party-respondent to the appeal, as well as to all connected civil applications and delay condonation proceedings.

Mr. Akash Rodge, the learned counsel appearing for Mr. M. P. Kale for the applicants, submits that although Applicant No. 2 was a party before the Reference Court, his name was erroneously omitted from the impugned order. Consequently, an application for correction was filed and subsequently allowed. Due to this initial error, Applicant No. 2 was not originally joined as a partyrespondent in the present proceedings. Considering the aforementioned submissions and the reasons stated in the application, the Civil Application is allowed in terms of prayer clause (B).

-4CIVIL APPLICATION NO. 1359 OF 2026 IN FAST/5237/2022 By this application, the applicants seek to withdraw the amount deposited by the respondents in this Court with accrued interest.

In view of the fact that the entire amount is deposited, the applicants are permitted to withdraw the 75% amount with accrued interest on furnishing undertaking and to the satisfaction of the Registrar (Judicial) of this Court.

Accordingly, the civil application is allowed. First Appeal (ST) No. 5258 of 2022 AND First Appeal (ST) No. 5237 of 2022 Heard.

Admit.

Mr. Mahesh B. Kale waives service on notice on behalf of respondents.

(SIDDHESHWAR S. THOMBRE, J.) Omkar Joshi