Bombay High Court

India through The General Manager Central Railway Mumbai and orsversusDamu Bhau Totare and other

Disposal: DISMISSED
Bench: SHAILESH P BRAHME

Holding

Pending 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 and first appeals against various respondents. The High Court disposed of the first appeals, and the judge held that the pending civil applications could not survive the disposal of those appeals. Consequently, the civil applications were dismissed as they no longer had any basis to proceed. No substantive merits of the disputes were addressed, as the procedural outcome was deemed final. The order was pronounced by Justice Shailesh P. Brahme on 18 April 2026.

Issues considered

What is the effect of the disposal of first appeals on pending civil applications filed in the same matters?

Subjects

Civil Procedure Code
First Appeal
Application dismissal
Railway
Union of India

Judgment

2026:BHC-AUG:21611




                                      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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