Bombay High Court

Kailash Parmeshwar Tarate Died thr L.rs. Parvatibai and Ors.versusThe Union of India, Through the General Manager, Central Railway,

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The later civil application does not survive and is disposed of because a prior application on the same purpose has already been disposed.

Summary

The applicant, Kailash Parmeshwar Tarate, filed Civil Application No. 9506 of 2026 seeking relief from the Union of India. The Court observed that Civil Application No. 9505 of 2026, dealing with the same purpose, had already been disposed. Consequently, the Court held that Application No. 9506 could not proceed as it was essentially a duplicate. The Court therefore ordered that the present application stand disposed. No substantive merits were examined as the matter was dismissed on procedural grounds.

Issues considered

What is the effect of the disposal of a prior civil application on a subsequent application filed for the same purpose?

Subjects

Civil Procedure Code
Res Judicata
Application disposal
Duplicate filing

Judgment

2026:BHC-AUG:39616


                                                   1                        936CA.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                              CIVIL APPLICATION NO. 9506 OF 2026
                                        IN FA/821/2026
                                KAILASH PARMESHWAR TARATE
                                               VERSUS
                   THE UNION OF INDIA, THROUGH THE GENERAL MANAGER,
                                       CENTRAL RAILWAY,
                                                   ...
                      Advocate for Applicant : Mr. Shinde Chandrakant Kondiram
                         AGP for Respondent No. 3 : Ms. Vaishali Chaudhari
                                                  …

                                        CORAM : MANJUSHA DESHPANDE, J.

                                        DATE       : 28th AUGUST, 2026


              PER COURT :

              1.            In view of the disposal of Civil Application no. 9505 of

              2026, the present Civil Application does not survive as it is filed for the

              same purpose.

              2.            Hence, this Civil Application stands disposed of.




                                                   ( MANJUSHA DESHPANDE, J. )




              SPC

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