Bombay High Court

UNION OF INDIA THROUGH THE GENERAL MANAGER AND ORSversusUSHABAI DATTU JADHAV

Disposal: DISPOSED OFF
Bench: SHAILESH P BRAHME

Holding

Civil applications pending before the High Court do not survive the disposal of the first appeals and are therefore deemed disposed.

Summary

The Union of India, represented by the General Manager of Central Railway, filed several civil applications (Nos. 7058, 7061, 7065, 7067, 7069 of 2024) against various respondents. These applications were pending alongside first appeals (Nos. 11501 of 2024, 192 of 2025, 196 of 2025, 798 of 2026, 805 of 2026, 11501 of 2024). The High Court examined whether the civil applications could continue after the first appeals were disposed. The Court held that the disposal of the first appeals extinguishes the pending civil applications, as they do not survive independently. Consequently, all the civil applications were ordered to be disposed of. The order was pronounced by Justice Shailesh P. Brahme on 18 April 2026.

Issues considered

Do civil applications pending before a court survive the disposal of the first appeals to which they are attached?

Subjects

Civil Procedure
First Appeal
Application Disposal
Jurisdiction
High Court

Judgment

2026:BHC-AUG:21630




                                        1        ca 7061.24 Adv. C.K. Shinde Raghapur

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              CIVIL APPLICATION NO. 7061 OF 2024
                                IN FIRST APPEAL NO. 805 OF 2026


                       Union of India through the General
                       Manager, Central Railway and others      .. Appellants
                            Versus
                       Balu Rangnath Bhagat and others          ..   Respondents

                                         AND
                           CIVIL APPLICATION NO. 7067 OF 2024
                              FIRST APPEAL NO. 196 OF 2025

                       Union of India through the General
                       Manager, Central Railway and others      .. Appellants
                            Versus
                       Namdeo Laxman Khandagale                 ..   Respondent

                                          AND
                           CIVIL APPLICATION NO. 7069 OF 2024
                             IN FIRST APPEAL NO. 798 OF 2026

                       Union of India through the General
                       Manager, Central Railway and others      .. Appellants
                            Versus
                       Ramchandra Nivrutti Chawan               ..   Respondent

                                          AND
                           CIVIL APPLICATION NO. 7065 OF 2024
                             IN FIRST APPEAL NO. 192 OF 2025

                       Union of India through the General
                       Manager, Central Railway and others      .. Appellants
                            Versus
                       Baban Revaba Saykad Died
                       through L.Rs. Kusum and others           ..   Respondents

                                             AND
                          2         ca 7061.24 Adv. C.K. Shinde Raghapur


               CIVIL APPLICATION NO. 7058 OF 2024
                IN FIRST APPEAL NO. 11501 OF 2024

       Union of India through the General
       Manager, Central Railway and others         .. Appellants
       Versus
       Ushabai Dattu Jadhav 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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