Bombay High Court

India through The General Manager Central Railway Mumbai and orsversusBaban Santram Totare and others

Disposal: DISPOSED OFF
Bench: SHAILESH P BRAHME

Holding

The civil applications do not survive the disposal of the first appeals and are therefore dismissed.

Summary

The Union of India, represented by the General Manager of Central Railway, filed several civil applications (Nos. 13422, 13412, 13419, 13416, 13425 of 2024) against various respondents. These applications were pending because the corresponding first appeals (Nos. 668, 615, 666, 616, 667 of 2026) were still under consideration. The High Court, after disposing of the first appeals, examined whether the pending civil applications could continue. The Court held that the civil applications could not survive the disposal of the first appeals. Consequently, all the civil applications were ordered to be disposed of.

Issues considered

Do pending civil applications survive the disposal of the first appeals on which they depend?

Subjects

Civil Procedure
Application Dismissal
First Appeal
Railway
Union of India

Judgment

2026:BHC-AUG:21614




                                      1        ca 13422.26 Adv. C.K. Shinde, Doithan-I

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                          CIVIL APPLICATION NO. 13422 OF 2024
                            IN FIRST APPEAL NO. 668 OF 2026

                       Union of India through the General
                       Manager, Central Railway and others      .. Appellants
                            Versus
                       Damu Bhau Totare and another             ..   Respondents

                                         AND
                          CIVIL APPLICATION NO. 13412 OF 2024
                            IN FIRST APPEAL NO. 615 OF 2026

                       Union of India through the General
                       Manager, Central Railway and others      .. Appellants
                            Versus
                       Baban Santram Totare and others          ..   Respondents

                                         AND
                          CIVIL APPLICATION NO. 13419 OF 2024
                            IN FIRST APPEAL NO. 666 OF 2026

                       Union of India through the General
                       Manager, Central Railway and others      .. Appellants
                            Versus
                       Raosaheb Dagadu Tarate                   ..   Respondent

                                         AND
                          CIVIL APPLICATION NO. 13416 OF 2024
                            IN FIRST APPEAL NO. 616 OF 2026

                       Union of India through the General
                       Manager, Central Railway and others      .. Appellants
                            Versus
                       Manik Laximan Totare and others          ..   Respondents

                                        AND
                          CIVIL APPLICATION NO. 13425 OF 2024
                                         IN
                        2         ca 13422.26 Adv. C.K. Shinde, Doithan-I

               FIRST APPEAL NO. 667 OF 2026

       Union of India through the General
       Manager, Central Railway and others         .. Appellants
               Versus
       Manik Laximan Totare and others             ..   Respondents

Shri Ajay G. Talhar, D.S.G.I.for the Appellants in all matters.
Shri Shinde C.K., Advocate and Ms. G.R. Jagtap for the
Respondents/ claimants in all matters.


                   CORAM : SHAILESH P. BRAHME, J.
                   DATE : 18TH APRIL, 2026.

FINAL ORDER :


.      In view of disposal of first appeals pending civil
applications do not survive.


2.     Civil Applications, as such, disposed of.



                               [ SHAILESH P. BRAHME J. ]


bsb/April 26

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