Bombay High Court

UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAILWAYversusAPPA BAYAJI KAKADE DIED THROUGH ITS LRS

Disposal: DISPOSED OFF
Bench: SHAILESH P BRAHME

Holding

The civil applications were disposed of as no cause of action remained following the disposal of the first appeals.

Summary

The Union of India, represented by the General Manager of Central Railway, filed several civil applications seeking a stay against various respondents in multiple first appeals. All the first appeals (Nos. 623, 624, 625, 626, 627, 628, 629 of 2026) were subsequently disposed of by the High Court. The applicants then moved for a stay in the pending civil applications. The Court examined whether any cause of action remained for the civil applications after the disposal of the first appeals. It held that with the first appeals disposed, there was nothing left to sustain the civil applications for a stay. Consequently, the Court ordered that the civil applications be disposed of. The order was delivered by Justice Shailesh P. Brahme on 18 April 2026.

Issues considered

Whether the civil applications for stay survive after the disposal of the corresponding first appeals

Subjects

Civil Procedure
Stay of proceedings
First appeal disposal
High Court order
Application dismissal

Judgment

2026:BHC-AUG:22342

1 ca 15253.23 in fa 623.26 Adv. C.K. Shinde kinhi group

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPLICATION NO. 15253 OF 2023
IN
FIRST APPEAL NO. 623 OF 2026

Union of India through the General
Manager, Central Railway and others .. Applicants
Versus
Dashrath Bhujaba Gaikwad and others .. Respondents

AND
CIVIL APPLICATION NO. 15245 OF 2023
IN
FIRST APPEAL NO. 626 OF 2026

Union of India through the General
Manager, Central Railway and others .. Applicants
Versus
Dattu Bhanu Kakade and others .. Respondents

AND
CIVIL APPLICATION NO. 15247 OF 2023
IN
FIRST APPEAL NO. 627 OF 2026

Union of India through the General
Manager, Central Railway and others .. Applicants
Versus
Shridhar Rambhau Kakade and others .. Respondents

AND
CIVIL APPLICATION NO. 15251 OF 2023
IN
FIRST APPEAL NO. 624 OF 2026

Union of India through the General
Manager, Central Railway and others .. Applicants
Versus
Appa Bayaji Kakade Died
2 ca 15253.23 in fa 623.26 Adv. C.K. Shinde kinhi group

through L.Rs. and other .. Respondents

AND
CIVIL APPLICATION NO. 15249 OF 2023
IN
FIRST APPEAL NO. 628 OF 2026

Union of India through the General
Manager, Central Railway and others .. Applicants
Versus
Sindhubai Dilip Raut and others .. Respondents

AND
CIVIL APPLICATION NO. 15258 OF 2023
IN
FIRST APPEAL NO. 629 OF 2026

Union of India through the General
Manager, Central Railway and others .. Applicants
Versus
Babasaheb Shivram Kakade Died
through L.Rs. .. Respondents

AND
CIVIL APPLICATION NO. 15255 OF 2023
IN
FIRST APPEAL NO. 625 OF 2026

Union of India through the General
Manager, Central Railway and others .. Applicants
Versus
Ajinath Gangaram Pathade and others .. Respondents

Shri Ajay G. Talhar, D.S.G.I.for the Applicants 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.
3 ca 15253.23 in fa 623.26 Adv. C.K. Shinde kinhi group

FINAL ORDER :

. In view of disposal of first appeals, nothing survives in the
present civil applications for stay. The civil applications as such
are disposed of.

[ SHAILESH P. BRAHME J. ]

bsb/April 26

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