Bombay High Court

MAROTI ANNA RAJBINDEversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

Disposal: DISPOSED OFF
Bench: SHAILESH P BRAHME

Holding

The civil applications were dismissed as nothing survived following the disposal of the first appeals.

Summary

The Rajbinde family members filed civil applications (Nos. 14037, 14055, 14047 of 2024) against the State of Maharashtra, represented by the Collector of Jalna. These applications were linked to first appeals (Nos. 26264 of 2024, 480 of 2026, 476 of 2026). The High Court, after disposing of the first appeals, held that no cause of action remained in the pending civil applications. Consequently, the court ordered that the civil applications stand disposed of. No substantive merits of the original dispute were addressed because the applications became moot.

Issues considered

Whether the pending civil applications survive after the disposal of the related first appeals

Subjects

civil procedure
dismissal
first appeal
mootness
jurisdiction

Judgment

2026:BHC-AUG:16926




                                                   1                 930 ca 14037.24

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD


                          CIVIL APPLICATION NO. 14037 OF 2024
                                         IN
                         FIRST APPEAL STAMP NO. 26264 OF 2024

                       Kashinath Manohar Rajbinde
                       Since deceased through his L.Rs.
                       Dwarka Kashinath Rajbinde and others .. ApplicantS
                             Versus
                       The State of Maharashtra, through the
                       Collector, Jalna and others           .. Respondents

                                         WITH
                           CIVIL APPLICATION NO. 14055 OF 2024
                                          IN
                              FIRST APPEAL NO. 480 OF 2026

                       Datta Rangnath Rajbinde                 .. Applicant
                             Versus
                       The State of Maharashtra, through the
                       Collector, Jalna and others             ..   Respondents

                                         WITH
                           CIVIL APPLICATION NO. 14047 OF 2024
                                          IN
                              FIRST APPEAL NO. 476 OF 2026

                       Maroti Anna Rajbinde                    .. Applicant
                             Versus
                       The State of Maharashtra, through the
                       Collector, Jalna and others             ..   Respondents

                 Shri D. A. Bide, Advocate for the Applicant in both matters.
                 Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2 in both
                 matters.
                 Shri S. G. Bhalerao, Advocate for the respondent No. 3 in both
                 matters.
                                   2                 930 ca 14037.24


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

FINAL ORDER :


.     In view of disposal of first appeals, nothing survives in the
present civil application. The civil applications stand disposed
of.


                              [ SHAILESH P. BRAHME J. ]


bsb/April 26

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