Bombay High Court

India through The General Manager Central RailwayversusMohan Ambu Walke And Anr

Disposal: DISPOSED OFF
Bench: SHAILESH P BRAHME

Holding

A civil application cannot survive and must be disposed when the corresponding first appeal has already been disposed.

Summary

The Union of India, represented by the General Manager of Central Railway, filed multiple civil applications (Nos. 13430‑24, 13435, 13521, 13699, 13528, 13523, 13531 of 2024) against various respondents. The same disputes were concurrently pending as first appeals (Nos. 687‑700 of 2026). The Court observed that all the first appeals had been disposed of prior to this order. Since the first appeals constituted the substantive proceedings, no cause of action remained in the civil applications. Accordingly, Justice Shailesh P. Brahme ordered that the civil applications be disposed of as there was nothing left to adjudicate.

Issues considered

Whether a civil application remains maintainable after the corresponding first appeal has been disposed.
Whether any relief can be granted in a civil application when the substantive appeal is already concluded.

Subjects

civil procedure
first appeal
application disposal
Union of India
Central Railway

Judgment

2026:BHC-AUG:21180




                                           1       ca 13430.24 Adv. C.K. Shinde Loni

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                          CIVIL APPLICATION NO. 13430 OF 2024
                            IN FIRST APPEAL NO. 687 OF 2026

                       Union of India through the General
                       Manager, Central Railway and others    .. Appellants
                            Versus
                       Vinayak Kashinath Walake and others    ..   Respondents

                                         AND
                          CIVIL APPLICATION NO. 13435 OF 2024
                              IN FIRST APPEAL NO. 688 OF 2026

                       Union of India through the General
                       Manager, Central Railway and others    .. Appellants
                            Versus
                       Dattu Dagadu Walake and others         ..   Respondents

                                         AND
                          CIVIL APPLICATION NO. 13521 OF 2024
                            IN FIRST APPEAL NO. 696 OF 2026

                       Union of India through the General
                       Manager, Central Railway and others    .. Appellants
                            Versus
                       Sumanbai Shanakr Raut                  ..   Respondent

                                         AND
                          CIVIL APPLICATION NO. 13699 OF 2024
                                           IN
                             FIRST APPEAL NO. 697 OF 2026

                       Union of India through the General
                       Manager, Central Railway and others    .. Appellants
                            Versus
                       Babu Maruti Jadhav                     ..   Respondent

                                         AND
                          CIVIL APPLICATION NO. 13528 OF 2024
                            2        ca 13430.24 Adv. C.K. Shinde Loni

                            IN
              FIRST APPEAL NO. 699 OF 2026

      Union of India through the General
      Manager, Central Railway and others       .. Appellants
           Versus
      Mohan Ambu Walke and Anr.                 ..   Respondent

                         AND
          CIVIL APPLICATION NO. 13523 OF 2024
                           IN
             FIRST APPEAL NO. 698 OF 2026

      Union of India through the General
      Manager, Central Railway and others       .. Appellants
           Versus
      Ramdas Pandharinath Walake                ..   Respondent

                         AND
          CIVIL APPLICATION NO. 13531 OF 2024
                           IN
             FIRST APPEAL NO. 700 OF 2026

      Union of India through the General
      Manager, Central Railway and others       .. Appellants
           Versus
      Haribhau Ranu Walake                      ..   Respondent



Shri Ajay G. Talhar, D.S.G.I.for the Appellants in all matters.
Shri Shinde C.K., Advocate and Shri C.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 nothing survives in the
                              3        ca 13430.24 Adv. C.K. Shinde Loni

present civil applications.


2.     Civil Applications, as such are disposed of.



                                  [ SHAILESH P. BRAHME J. ]


bsb/April 26

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